Tag Archives for " ePrivacy "

Is GDPR recharging cookie notice popups?

Will soon all websites greet users with interrupting and blocking pop-ups requiring to read a consent form and click “I agree” – prior to allowing the actual using of a website? Will we all be expected click in tons ? Let’s look at the worst scenario , and how we may be arriving there.

European regulations mandate that most sites need to inform their users if user data is processed. In most commonly understood and practical terms this means that websites need to seek consent prior to setting browser cookies. This requirement is de facto universal in European Union and allows “doing something” about consent for data processing.

Source: Is GDPR recharging cookie notice popups?

UK’s DPA releases data protection self assessment tool

The ICO’s data protection self assessment toolkit helps you assess your organisation’s compliance with data protection law and helps you find out what you need to do to make sure you are keeping people’s personal data secure.

The toolkit is made up of a number of checklists which cover data protection assurance, how to get ready for the General Data Protection Regulation, information and cyber security, direct marketing in line with the Privacy and Electronic Communications Regulation (PECR), records management, data sharing and subject access, and CCTV.The data protection toolkit is suitable for all businesses and will be particularly helpful to small to medium enterprises.

Source: Data protection self assessment | ICO

Factsheet on Issues Between Proposed ePrivacy Regulation and the GDPR

On March 20, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP issued a factsheet outlining relevant GDPR provisions for negotiations surrounding the proposed ePrivacy Regulation.

The Factsheet is designed for policymakers and other stakeholders involved in the development process of the new ePrivacy Regulation who are not deeply familiar with the GDPR. As the ePrivacy Regulation aims to complement and particularize the GDPR, an understanding of the key concepts and definitions is crucial to ensure the ePrivacy Regulation’s effective development.

Source: CIPL Issues Factsheet on Key Issues Relating to the Relationship Between the Proposed ePrivacy Regulation and the GDPR

Why online advertising will survive this massive legal shift

The ad tech industry is facing a crises of sorts, depending on who you ask. The big deal is that the GDPR, and the ePrivacy Regulation to follow, place importance on transparency and user consent.

And to date, those are two things the ad tech industry has been sort of lucky enough to be able to run on without a whole lot of.

Source: Mattheison on why online advertising will survive this massive legal shift

Sippel’s appeal to privacy pros: Help me maintain human dignity

While the work of privacy can sometimes get caught up in the details of PIAs and subject access requests, at the IAPP’s Global Privacy Summit on Wednesday keynote speaker German MEP Birgit Sippel made it clear the stakes are high, indeed.

Privacy is vital, she said, for the preservation of human rights and dignity and protecting democracy in the 21st century.

It is her goal as EU Parliament rapporteur for the ePrivacy Regulation, she emphasized, to create the highest standard of data protection, one that sees both human dignity and innovation flourish.

Source: Sippel’s appeal to privacy pros: Help me maintain human dignity

The time for ePrivacy is now

Parliament has done everything it can to ensure that the existing level of protection from the ePrivacy directive is not weakened, now it’s up to member states to deliver, says Jan Philipp Albrecht.

The Commission presented its proposal on new ePrivacy rules in January 2017, and Parliament took a major step forward by adopting its mandate for trialogue negotiations in the October 2017.

Source: The time for ePrivacy is now

Bulgarian presidency releases updated draft to ePrivacy Regulation

The Bulgarian presidency, currently leading the European Council, has released its latest version of the proposed ePrivacy Regulation.

“For the purposes of the WP TELE meeting of 28 March, delegations will find in Annex a revised text of the ePrivacy proposal … focusing on Articles 8, 10, 15 and 16 and related recitals. The revisions are inspired by WP TELE discussions held on the basis of the presidency discussion papers.”

Source: Bulgarian presidency releases updated draft to ePrivacy Regulation

EU e-privacy proposal risks breaking ‘Internet of Things’

The ‘Internet of Things’ – smart devices that transmit data over a network – offer myriad benefits to European society, from helping people keep track of their fitness and providing drivers with live traffic information, to monitoring air quality and automating homes and factories.

But the forthcoming ePrivacy Regulation could throw sand in the gears of such progress by unnecessarily regulating Internet of Things (IoT) devices.

Source: EU e-privacy proposal risks breaking ‘Internet of Things’

Consent needed for electronic marketing

Speaking at the Direct Marketing Association’s (DMA) conference on 23 February, Information Commissioner, Elizabeth Denham, said that whilst the details of the new EU e-privacy regulation are still being debated, the current draft proposes opt-in as a default for all consumer marketing.

“Until the e-privacy regulation comes into force, the Privacy and Electronic Communications Regulations (PECR) will sit alongside the GDPR. That means electronic marketing will require consent. Yes, there is potential to use legitimate interests as a legal basis for processing in some circumstances, but you must be confident that you can rely on it,” Denham said.

Source: Denham: Consent needed for electronic marketing – Privacy Laws & Business

ePrivacy slowed down? Analysis of French advisory document.

ePrivacy is a regulation aiming to further protect privacy in electronic communication. Think of it as a specialized GDPR. Indeed, ePrivacy is to have a precedence over GDPR in some respects. Read more on the topic in my previous posts here: ePrivacy official proposal my input during Roundtables in EU Parliament description of a final report (adopted).

Draft ePrivacy proposal of European Commission has been published over a year ago. In October, European Parliament has passed their version, which notably contained some ground-breaking recommendations: end-to-end encryption, banning of backdoors, signals such as Do Not Track as being binding, and more. Now EU Council is struggling to reach its own. Some countries already have specific positions. Here keep in mind that in European Parliament, ePrivacy was a question of rights and freedoms (to simplify: privacy). But the EU Council, ePrivacy is at the hands of a group devoted to telecommunication (so not quite privacy or data protection). So the focus is different, so are the people working on it.

Source: ePrivacy slowed down? Analysis of French advisory document

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