Category Archives: Opt-outs

With the GDPR on the horizon, the EU is now overhauling and expanding the reach of the more specific privacy rules which relate to direct marketing, cookies and other forms of online monitoring. The ability of social media and messaging services to track users is one of many areas touched on in the European Commission's newly proposed ePrivacy Regulation, which was officially unveiled last week. We highlight some key impacts for the tech and media sectors, provided the proposed draft passes through the legislative process without dramatic changes. Businesses should incorporate these new requirements into their GDPR readiness planning. Why are the rules being updated?
  • The regime for electronic communications, based on the EU's Privacy and E-communications Directive (PECD), which dates back to 2002, is being overhauled as part of the Commission's Digital Single Market package.
  • Since the last review of the PECD in 2009, a new … Continue Reading ››
Yesterday, 10 January, the European Commission (EC) presented its formal proposals for the new ePrivacy Regulation. On initial analysis, the first official draft of the Regulation appears broadly similar to last month's leaked version, explored by Datonomy here. Datonomy will be providing a fuller analysis, however in the meantime the EC's Fact Sheet provides a useful starting point. The Commission's aim is to have the new Regulation adopted by 25 May 2018 when the GDPR takes effect. Olswang's Head of Digital and Data, Elle Todd, and Alex Dixie, the firm's Head of Adtech, will be taking a first look at the practical impacts of the new proposals in a webinar at 15:00 UK time on Thursday 19 January. Follow this link to register. In particular the webinar will examine:
Last week, as part of Olswang's GDPR readiness and Talking Retail webinar series', lawyers from the firm's data protection and retail sector teams hosted a webinar looking at the implications of the GDPR on the use of data by the retail industry during an online transaction.  In this session our speakers looked at the following:
  • Targeted and non-targeted advertising
  • Privacy policies
  • Processing customer payment details
  • Post purchase analysis
  • Data breaches
  • GDPR implementation
The webinar was hosted by Katie Nagy de Nagybaczon, a partner in the Corporate Team, who focuses on the retail, eCommerce and technology sectors. The two speakers were:
  • Sven Schonhofen, an associate in the Commercial Team of the Munich office. He specializes in advising clients in all areas of IT law, in particular on data protection law.
  • Emily Dorotheou, an associate in the Commercial Team who has experience of working on procurement, technology and logistics contracts for a variety of retail and technology clients.
Please follow this … Continue Reading ››
In all the excitement last week over  the European Parliament's approval of the General Data Protection Regulation (GDPR) and the US Privacy Shield, you may have missed that the European Commission published a consultation on Monday  11 April  regarding the ePrivacy Directive. Don't worry though, here is what you need to know: What is the purpose of the consultation? The consultation forms part of the Commission's Digital Single Market (DSM) Strategy and is necessary given that the GDPR, once adopted, will impact the e-Privacy Directive which sets out some additional and specific rules regarding the processing of personal data in the electronic communications sector. Infamously, the e-Privacy Directive contains the almost uniformly derided cookie consent requirement,  so many people are likely to want to input. It also contains rules on breach notification, consents for marketing by electronic means and use of traffic and location data. The Commission … Continue Reading ››
Facebook encounters more and more problems with Germany's Data Protection Commissioners. Only last month, the Data Protection Commissioner of Schleswig Holstein, Thilo Weichert, announced proceedings against public authorities and companies in Schleswig Holstein that use Facebook’s Like-Button on their websites (see Datonomy post of 6th October). Mr. Weichert criticised that the Like-Button enabled Facebook to track users even if they had not clicked the button. Now, Johannes Caspar, Hamburg's Commissioner for Data Protection and Freedom of Information (HmbBfDI) has conducted an investigation into Facebook's use of cookies, which enable Facebook to recognise its users even if they are not logged in or if they visit a third party website that uses an embedded Like-Button. According to Caspar, Facebook had reasoned that it uses cookies mainly for security reasons, such as youth or password protection. However, the Commissioner claims that this was essentially not true as most functions were optional and only … Continue Reading ››
The Office for National Protection of Personal Data (Dirección Nacional de Datos Personales), Argentina, has passed Disposición 4/2009, a regulation regarding direct marketing communications which involve the use of personal data contained in an advertiser’s database of personal data.

Law 25.326 (known as the “Protection of Personal Data Law” or the “Habeas Data Law”) defines “personal data” as information of any kind which refers to a certain or a determinable individual or legal entity. Most frequently, the personal data used by a direct marketer is the name of the recipient, his email, his real address, and his phone number.

The objective of this regulation is to inform the owner of personal data that he can “opt out” of being in that direct marketer’s database, as is established in art. 27.3 of the Protection of Personal Data Law. In … Continue Reading ››