EU Data Reforms concern British advertisers
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17 January 2013
Data reforms concern British
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
- 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
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
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Article Published/Sorted/Amended on Scopulus 2013-02-11 09:02:03 in Legal Articles