On 26 April 2018, the Conference of German Data Protection Authorities (German DPAs) released a highly criticised position paper on the applicability of the German Telemedia Act (TMA) after 25 May 2018 (Position Paper, available in German here). The Position Paper clearly states that tracking and profiling cookies now require informed prior opt-in consent. Position … Continue Reading
The Winter 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We cover new case law on marketing consent, cookie consent, the liability of platform providers, employee data protection, sales of address data and the right to be forgotten. The newsletter also includes multiple recommended reads … Continue Reading
The General Data Protection Regulation (“GDPR”) will enter into force 25 May 2018, and will provide new general data protection standards. In its draft ePrivacy Regulation of 10 January 2017 (“ePrivacy Regulation”), which includes specific provisions for electronic communications, the European Commission sought to ensure that both sets of rules will enter into force at … Continue Reading
The Spanish Data Protection Authority (AEPD) has imposed a fine of €1.2 million against Facebook following its investigation into whether Facebook’s data processing activities were in accordance with the Spanish Data Protection Act (Law 15/1999) (the Act). In its decision, the AEPD concluded that Facebook had committed serious breaches of the Act, as discussed further … Continue Reading
On 8 September 2017, the European Council published its first revisions (“Revised Draft”) to the draft EU ePrivacy Regulation (version COM(2017) 10 of 10 January 2017, “ePrivacy Regulation”). The Revised Draft is based on the discussions held in previous meetings of the European Union’s Working Party for Telecommunications and Information Society (“WP TELE”), and on comments … Continue Reading
On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic Communications (“proposed Regulation”) to replace Directive 2002/58 (known as the “ePrivacy Directive”). The proposed Regulation The proposed Regulation aims to align the rules that apply to electronic communications services with the forthcoming General Data Protection Regulation (GDPR).… Continue Reading
Exploiting loopholes in Internet users’ cookie-blocking settings while claiming to protect them from cookies is a serious and deceitful invasion of privacy, the Third Circuit held November 10. Ruling on an appeal from consumer plaintiffs, whose multi-district litigation against Google and several other companies that run Internet advertising businesses was dismissed in Delaware District Court, … Continue Reading
In May, the Intermediate People’s Court of Nanjing City, Jiangsu Province, published its civil judgment ruling that the search engine Baidu’s use of cookies, used to personalise advertisements aimed at consumers when they enter onto certain third-party websites, does not infringe an individual’s right to privacy. The case involved Internet user Ms. Zhu Ye, who … Continue Reading
On 3 February, the Article 29 Data Protection Working Party published its ‘Cookie Sweep Combined Analysis – Report’. The sweep was undertaken by the WP29 in partnership with eight of the European data protection regulators, including the UK’s ICO, France’s CNIL and Spain’s AEPD, in order to assess the current steps taken by website operators … Continue Reading
The Article 29 Data Protection Working Party (Working Party) released Opinion 9/2014 on ePrivacy Directive 2002/58/EC (amended in 2009), stating that the consent and transparency mechanisms apply to digital fingerprinting of devices (Opinion). The Working Party issued the opinion to clarify that consent was required and to end “surreptitious tracking” of users in light of … Continue Reading
This post was also written by Matthew N. Peters. In early May the Italian data protection authority (“Garante”) issued “Simplified Arrangements to Provide Information and Obtain Consent Regarding Cookies” (“Guidelines”). These are intended to provide clarity on the application of Legislative Decree No. 69/2012 (the “2012 Act”), which implemented the EU Cookie Directive in Italy. The … Continue Reading
The Spanish data protection authority, the AEPD, has issued the first European cookie fine for the violation of Article 22.2 of Spain’s Information Society Services and Electronic Communications Law 34/2002 (Spanish E-Commerce Act), as amended by Royal Decree Law 13/2012 which implements the e-Privacy Directive (Directive 2002/58). On 29 April 2013, the AEPD issued guidelines … Continue Reading
The ‘Future of the Cookie Working Group’, established by the International Advertising Bureau (IAB) in 2012, has published a white paper titled ‘Privacy and Tracking in a Post-Cookie World’, which addresses the limitations of the traditional cookie. The Future of the Cookie Working Group takes issue with the fact that the cookie often forms the … Continue Reading
The ICO has had a busy January with some key updates to note for the start of 2014. The ICO has produced a series of quarterly reports: Spam text messages The main three topics for the subject of unsolicited marketing text messages were found to be debt management, payday loans and payment protection insurance. Enforcement … Continue Reading
This post was written by Cynthia O’Donoghue. An action against the California-based Internet giant, Google, was recently brought in the English courts. The individuals, supported by the campaign group known as Safari Users Against Google’s Secret Tracking, claim that the search engine provider bypassed the security settings on their Apple iPhones and Mac computers in … Continue Reading
With more and more companies engaging in the field of analytics, companies continue to come up with new and innovative ways to harvest their fields of Big Data. For instance, on Tuesday, the New York Times reported on how a range of start-ups and established tech companies are focusing their analytics efforts on a technology … Continue Reading
In 2012, Singapore enacted the new Personal Data Protection Act 2012 (No. 26 of 2012) (PDPA). Before the main provisions come into force, which is planned for July 2014, Singapore’s Personal Data Protection Commission (PDPC) issued public consultations, or requests for comment, on a proposed regulation and two guidelines. While the PDPC is still reviewing … Continue Reading
Office of Fair Trading (OFT) research into how online businesses use consumers’ information to influence prices has raised concerns over how UK companies collect and use consumer data. The report on Personalised Pricing found that many consumers are concerned with the extent of personal information collected and used online. OFT points out that websites failed … Continue Reading
The Spanish data protection authority, Agencia Española de Protección de Datos (AEPD), has issued three new guidance documents dealing with (1) the use of cookies, (2) cloud computing from a customer perspective and (3) cloud computing from a service provider perspective. The guides provide useful information on how to use modern IT solutions in conjunction … Continue Reading
The UK Information Commissioner’s Office (ICO) has published a report detailing compliance and consumer concerns about use of cookies, following the changes under Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (PECR), which require consent, more transparent notice and opt-out. In response to more than 550 consumer complaints about implied consent mechanisms and the … Continue Reading
This post was written by Cynthia O’Donoghue. Neelie Kroes, Vice President of the European Commission, has signalled her concern over the progress of the adoption of the Do-Not-Track (DNT) standard, which is being developed by the World Wide Web Consortium (W3C) as a universal mechanism to communicate relevant consent or lack of consent to the … Continue Reading
During its meeting in early June, the Article 29 Working Party (the “Working Party”) issued an Opinion on cookies that analyses the exemptions to the requirement for informed consent, and sets how the revised e-Privacy Directive impacts cookie usage. Article 5.3 of the amended ePrivacy Directive 2009/136/EC provides that cookies are exempt from the need … Continue Reading
The UK Information Commissioner’s Office (ICO) has received 169 complaints thus far about websites failing to comply with the cookie law that came into force May 26, V3.co.uk reports. UK Information Commissioner Christopher Graham stated that his office has received 169 complaints thus far about websites whose policies appear not to comply with the new … Continue Reading
We have previously reported that the French Data Protection Authority (DPA), the CNIL, had sent to Google 19 March 2012, a 12-page questionnaire divided in not less than 69 main questions on Google’s new privacy policy. The CNIL has been designated by the Working Party 29 to evaluate the compliance to applicable data protection regulation … Continue Reading
