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EU Data Reforms concern British advertisers


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17 January 2013

Data reforms concern British advertisers

Last year the European Commission released its proposals for a thorough reform of the EU 1995 rules on Data Protection. The purpose of the reforms being to strengthen online privacy rights and boost the EU digital economy.

The ISBA (a body that protects the rights of British advertisers) has recently claimed it is particularly concerned regarding the reforms and suggest:

- there is a great deal at stake for advertisers.

- the proposals represent a significant financial and administrative burden to business.

- shall hinder the online user experience.

- not promote innovation and growth in the industry (digital advertising represents 30% of the GDP growth).

In particular the ISBAs main concerns are as follow:

- The consent requirement being more explicit i.e. silence or absence of action (opt-out) no longer qualifies. Website owners need to ask permission from users each time they collect data (e.g. when placing cookies) and this risks consent fatigue.

- The widening of the definition of personal data that has been extended to include any information relating to a data subject that explicitly applies to digital forms of data.

- The likelihood that automated profiling of users without consent will be prohibited. The ISBA states the EC need to clarify this point.

By Rehana Ali, a paralegal at Lawdit that may be contacted

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2013-02-11 09:02:03 in Legal Articles

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