Tag Archives: Opt-In Consent

German Court Rules Apple’s Privacy Policy Violates German Law

Posted on May 8, 2013 by Hunton & Williams LLP

On April 30, 2013, the regional court of Berlin enjoined Apple Sales International, which is based in Ireland, (“Apple”) from relying on eight of its existing standard data protection clauses in contracts with customers based in Germany. The court also prohibited Apple’s future use of such clauses.

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Tags: Advertisement, Anonymization, Apple Inc., Behavioral Advertising, Cross-Border Data Flow, Data Protection Act, Enforcement, European Union, Geolocation, Germany, International, Marketing, Opt-In Consent, Privacy Policy, Service Provider

Article 29 Working Party Clarifies Purpose Limitation Principle; Opines on Big and Open Data

Posted on April 9, 2013 by Hunton & Williams LLP

On April 2, 2013, the Article 29 Working Party (the “Working Party”) adopted an Opinion (the “Opinion”) that elaborates on the purpose limitation principle set out in Article 6(1)(b) of the current EU Data Protection Directive 95/46/EC (the “Data Protection Directive”). The Opinion analyzes the scope of this principle under the Data Protection Directive, clarifies its limits and makes recommendations to strengthen it in the proposed General Data Protection Regulation (the “Proposed Regulation”). It also focuses on how to apply this principle in the context of big data and open data.

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Tags: Advertisement, Article 29 Working Party, Behavioral Advertising, CCTV, Data Transfer, EU Data Protection Directive, EU Regulation, European Union, Geolocation, Health Privacy, International, Online Privacy, Opt-In Consent, Smart Metering

German Parliament Passes Regulation Affecting Commercial Use of Address Data

Posted on March 4, 2013 by Hunton & Williams LLP

On March 1, 2013, the German Federal Council (Bundesrat) passed a new registration law after insisting on a number of important amendments (in German). Among other issues covered in the bill, the new law regulates how businesses can obtain the registered addresses of individuals in Germany from Germany’s public authorities (“official address data”) and use that information for commercial purposes.

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Tags: Data Processor, European Union, Germany, International, Opt-In Consent, Penalty

Mexico Issues Cookie and Web Beacon Rules and Privacy Notice Requirements

Posted on February 12, 2013 by Hunton & Williams LLP

On January 17, 2013, Mexico’s Ministry of Economy published its Lineamientos del Aviso de Privacidad (in Spanish) (“Privacy Notice Guidelines” or “Guidelines”), which it prepared in collaboration with the Mexican data protection authority. The Guidelines introduce heightened notice and opt-out requirements for the use of cookies, web beacons and similar technology, and they impose extensive requirements on the content and delivery of privacy notices generally (with respect to all personal data, not just data collected via cookies and other automated means). The Guidelines will take effect in mid-April.

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Tags: Cookies, Data Controller, Data Protection Authority, Data Transfer, Information Security, International, Mexico, Online Privacy, Opt-In Consent

Irish Data Protection Commissioner Commences Enforcement of New Cookie Law

Posted on January 3, 2013 by Hunton & Williams LLP

On December 19, 2012, the Irish Data Protection Commissioner (“DPC”) wrote to 80 website operators requesting details regarding how they are complying with recent changes to Irish law governing the use of cookies and other similar technologies (SI 336/ 2011, the “Regulations”). The letter expects website operators, which include government departments as well as companies, to comply fully with the Regulations, which took effect 18 months ago and require user consent before deploying or accessing cookies or other information stored on users’ computer equipment. If the relevant organizations have not yet achieved compliance, they are expected to provide an explanation to the DPC explaining “why it has not been possible to comply by now, a clear timescale for when compliance will be achieved, and details of specifically what work is being done to make that happen.”

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Tags: Consumer Protection, Cookies, Data Protection Authority, Enforcement, European Union, International, Ireland, Online Privacy, Opt-In Consent

UK ICO Releases Cookies Enforcement Report

Posted on December 18, 2012 by Hunton & Williams LLP

On December 18, 2012, the Information Commissioner’s Office (“ICO”) released an enforcement report (the “Report”) on the extent of compliance with recent changes to UK law governing the use of cookies (The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011). The ICO previously issued an interim report on organizations’ attempts to achieve compliance, in which it concluded that organizations “must try harder” with their cookie compliance efforts.

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Tags: Behavioral Advertising, Consumer Protection, Cookies, European Union, Information Commissioners Office, International, Online Privacy, Opt-In Consent, Text Message, United Kingdom

New UK Online Behavioral Advertising Code Released

Posted on December 4, 2012 by Hunton & Williams LLP

On November 21, 2012, the UK Committee of Advertising Practice (“CAP”) released new rules on online behavioral advertising (“OBA”). CAP is the UK body which writes and maintains the UK advertising codes, which are administered and enforced by the UK Advertising Standards Authority (“ASA”).

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Tags: Behavioral Advertising, Consumer Protection, Cookies, E-Privacy Directive, EU Member States, European Union, Information Commissioners Office, International, Online Privacy, Opt-In Consent, United Kingdom

ICC UK Releases Updated Cookie Guidance

Posted on November 28, 2012 by Hunton & Williams LLP

On November 27, 2012, the International Chamber of Commerce of the United Kingdom (“ICC UK”) released the second edition of its cookie guidance (the “Guidance”). The ICC UK released the first edition of the Guidance in April of this year, and has produced this latest version to take into account updated guidance released by the UK Information Commissioner’s Office (“ICO”), the Article 29 Working Party Opinion 04/2012 on cookie consent exemption and new UK advertising rules on online behavioral advertising.

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Tags: Advertisement, Article 29 Working Party, Behavioral Advertising, Consent, Consumer Protection, Cookies, European Union, Information Commissioners Office, International, Online Privacy, Opt-In Consent, Privacy Policy, United Kingdom

FTC Releases Report on Facial Recognition Technology

Posted on October 26, 2012 by Hunton & Williams LLP

On October 22, 2012, the Federal Trade Commission released a report entitled “Facing Facts: Best Practices for Common Uses of Facial Recognition Technologies.” The report focuses on privacy concerns associated with facial recognition technology, which is becoming increasingly ubiquitous across a variety of commercial applications ranging from search engines to video games to password authentication.

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Tags: Consumer Protection, Facial Recognition Technology, Federal Trade Commission, Online Privacy, Opt-In Consent, Privacy By Design, Record Retention, Social Media

Stricter Enforcement of German Advertising and Marketing Rules Effective September 1

Posted on September 5, 2012 by Hunton & Williams LLP

As of September 1, 2012, all personal data in Germany may only be processed and used for marketing purposes (including address trading) with the express opt-in consent of the affected individuals. Furthermore, the consent language must have been specifically drawn to the attention of the relevant individual as part of the terms and conditions governing the use of his or her personal data.

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Tags: Advertisement, Data Controller, Data Transfer, European Union, Federal Data Protection Act, Germany, International, Marketing, Opt-In Consent