About
Mission
Board
Operational Partners
TeamNational IABs and Partners
Austria
Belgium
Bulgaria (IA)
Croatia (INAMA)
Cyprus
Czech Republic (SPIR)
Denmark (FDIM)
Finland
France
Germany (OVK)
Greece
Hungary
Ireland
Italy
Luxembourg
Netherlands
Norway (INMA)
Poland
Portugal
Romania
Russia
Serbia
Slovakia (AIM)
Slovenia (SOZ)
Spain
Sweden
Switzerland
Turkey
UK
Ukraine (UAIA)
On 17th May, the World Telecommunication and Information Society Day (WTISD) took place to help raise awareness of the possibilities that the Internet and other ICTs can bring to societies and economies, as well as of ways to bridge the digital divide.
http://www.diadeinternet.org/2009/index.php?body=corp_presentacion&pais=21&lang=en&pais_cab=21&lang_cab=en
You might be interested to know that DG INFSO recently published a Eurobarometer report “Confidence in the Information Society” http://ec.europa.eu/public_opinion/flash/fl_250_en.pdf
In the next few days EU elections will take place in all member states. The IAB Europe Team will prepare a report on the results.
Finally, we look forward to seeing you all at Interact 2009 http://www.interactcongress.eu/
For any questions, do not hesitate to contact us: publicaffairs@iabeurope.eu
Giovanna Fumagalli
1. Update on the Telecoms Package
On 6th May the European Parliament voted on the Review of the Telecoms Package, which comprises 3 different texts:
The Council of Telecoms Ministers will meet on 12th June in Luxembourg, and agreement is unlikely to be reached, despite pressure put by the information Society Commissioner Reding and MEP Harbour.
The Council Czech Presidency issued a statement regretting the fact that the Parliament disregarded the interinstitutional agreement reached – “the Parliament’s decision is all the more serious give the key role that the telecoms sector plays in the European economy, and the potential that it has for mitigating the impact of the current economic crisis. That was why the Czech Presidency spared no effort to reach a balanced compromise, and successfully wrapped up the negotiations on 28 April. It is evident that the whole package has become hostage to the pre-election campaign of a part of MEPs”. On 11th May the Czech Minister of Industry and Trade Tošovský assumed office and met with Commissioner Reding to exchange views on the current negotiations on the Telecoms Package. The amended proposal recently adopted by the Parliament does not have the support of EU Member States. “The adoption of the amended proposal creates complications for further negotiations on a reform of the market for electronic communication. It is too early to tell what the solution might be. The Council must first carry out a thorough legal analysis and consider ways of proceeding further” said Mr Tošovský.
For more information visit:
http://www.eu2009.cz/en/news-and-documents/press-releases/minister-tosovsky-discusses-telecoms-package-with-commissioner-reding-21898/
For the Commission’s reaction: http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/219&format=HTML&aged=0&language=EN&guiLanguage=en
For the Council’s reaction: http://www.eu2009.cz/en/news-and-documents/press-releases/presidency-regrets-that-ep-disregards-compromise-on-telecoms-reform-20676/
For the EDPS’ reaction: http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/PressNews/Newsletters/Newsletter_19_EN.pdf
2. Commission launches eYouGuide on consumers rights online
On 5th May, the Commission (Commissioners Reding and Kuneva) launched the eYouGuide, a new online tool explaining the "digital rights" consumers have under EU law, such as the rights towards your broadband provider, shopping online, downloading music, protecting your privacy online, etc. Links to national consumer protection organizations and helplines, are provided as well. This step is one of the 60 proposals of a European Parliament Resolution adopted in 2007 of which Zuzana Roithová MEP was the Rapporteur.
According to a new Eurobarometer survey, lack of confidence still holds many consumers back from online transactions. If consumers are given clear information about their rights, the full economic potential of Europe's single online market can be exploited.
The EYouGuide has seven categories of FAQs:
The usefulness of the eYouGuide is questionable though, as it does not refer to national implementation of EU Directives, but to EU legislation, which varies once transposed by Member States. Also, links to EU directives can be off-putting for average consumers who may not be accustomed to legal jargon.
For the eYouGuide, click here: http://ec.europa.eu/eyouguide
For more information visit:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/702&format=HTML&aged=0&language=EN&guiLanguage=en
3. Commission launches "Digital Agenda"
Together with the launch of the eYouGuide on digital rights, Consumer Protection Commissioner Kuneva and Information Society Commissioner Reding also presented their joint "Digital Agenda", whose aim is to protect consumers online.
The focus will be on 8 priorities:
For more information visit:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/702&format=PDF&aged=0&language=EN&guiLanguage=en
4. Reding wants greater transparency and a ‘G12’ for internet governance in 2009
In a video message posted on her website on 4th May, EU Commissioner for Information Society and Media Viviane Reding called for more transparency and accountability in internet governance from October 2009. The Internet Corporation for Assigned Names and Numbers (ICANN), a US-based private non-profit body, currently makes key decisions in internet governance issues but its mandate ends on 30th September. Commissioner Reding called for a new model, including a private and accountable ICANN together with an independent judicial body, as well as a ‘G12’ for internet governance – an intergovernmental forum for discussion on key policy and security issues relating to the internet.
Commissioner Reding's video message is available at:
http://ec.europa.eu/commission_barroso/reding/video/index_en.htm
To read the press release in full, click here:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/696&format=HTML&aged=0&language=EN&guiLanguage=en
5. Update on the Review of the Data Protection Directive
As previously reported, the Data Protection Directive (95/46/EC) is under review in order to update it to address developments in new technologies. Following the disbanding of the group of experts, Commissioner for Justice, Freedom and Security, Jacques Barrot started a deeper consultation process.
According to a review, commissioned by the British Information Commissioner, Richard Thomas, harmonisation across the EU is needed to reduce the administrative and legal burden on businesses. Mr Thomas added that these data protection rules are outdated, as businesses cannot be expected to notify their national authorities before they collect and use personal data.
On 19th-20th May the Commission’s DG Justice, Freedom & Security (JLS) organized a high-level conference to discuss with stakeholders the need for a review of the Data Protection Directive (EC/95/46), especially in the light of new technological developments.
Jacques Barrot, vice-president of the European Commission in charge of Justice, Freedom and Security, opened the conference. He hoped the conference would initiate a serious debate on the suitability of existing data protection laws. The digital revolution has brought advantages for commercial activities and for communication and innovation. Referring to the 95/46 Data Protection Directive, Mr Barrot stated that the legislative framework needs to be reinforced, but to what extent? It is the EU’s duty to create world standards on data protection and the purpose of this conference was to start that process towards a new data protection culture in the EU. Different enforcements and implementations of the Directive at national level should be addressed in order to improve harmonisation. To this end, DG JLS will start an official consultation procedure on 1st July (which will end at the end of the year). The policy process should take a few years and will focus on defining data subject, data processor and data controller.
The Director-General of the Directorate of Justice, Freedom and Security, Jonathan Faull, was equally ambitious in his introduction: “we want Europe to have the best system of data protection in the world for ourselves, and to shine out from Europe to the rest of the world as a model.” He also cautioned that populations had become skeptical of how governments use personal data, and that the protection of EU citizens’ rights within a sustainable single market remained central to the debate.
Alex Türk, the President of the Article 29 Working Party, made it clear that any new legislation “must compliment and not replace” existing EU laws. Responding to a recent report by the UK’s Information Commissioner, Mr Türk was defiant that Europe was not prepared to weaken its stance on data protection.
Professor Douwe Korff from the London Metropolitan University centered the debate on fundamental principles. He sees data protection increasingly recognized as a fundamental human right, and therefore as a non-negotiable principle.
Kurt Alvaara, of the Swedish National Police Board, argued the indispensible value of retaining electronic data in the fight against crime and terrorism. Discussion ensued over the retention of personal data for specific purposes and for speculative, future purposes. Professor Spiros Simitis, of the Goethe University of Frankfurt am Main, questioned the democratic viability in retaining data for undetermined reasons and asked “to whom is this data accessible”.
Alastair Tempest of FEDMA spoke about the legitimacy of using personal data for marketing purposes. The relationship built up between consumer and marketer must be one of trust, and the emergence of new technologies does not change this underlying principle. Social media and blogging also represent new ways of empowering the consumer. Targeted advertising gives the user what s/he wants, and is beneficial for both consumers and companies: current EU legislation safeguards consumers’ personal data and helps businesses alike. Mr Tempest believes existing laws must be properly enforced instead of creating new legislation.
European Digital Rights Group (EDRI) highlighted that Data Protection authorities in the EU often lack financial or personnel resources. EDRI further called for more information on data breaches as well as for more visibility for privacy-friendly products and services.
IAB Europe intervened emphasizing that behavioural advertising constitutes onlya tiny percentage of the online advertising and reminded the audience of the many benefits online advertising give to consumers as well as SMEs, which can have better, faster, cheaper and more effective access to promotional tools.
Peter Hustinx, the European Data Protection Supervisor, gave a detailed overview of the current situation and offered his views on where he thinks the data protection debate should be heading. Mr Hustinx stressed that, above all, transparency is key towards better data protection standards and stated four areas for improvement. Firstly, responsibility lies with the controller to adhere to the current laws and regulations and that greater awareness needs to be achieved within organisations; senior managers needs to be aware of data protection issues. Secondly, ‘data subjects’ also need to be sufficiently informed of who is using their data and to what ends. Thirdly, there needs to be a more uniform approach by supervisory authorities who overlook the processing of peoples’ data. He finished by calling for a review of access to public information such as registers.
The NGO Future of Privacy Forum announced they would soon carry out a study on the various tools and notices that different companies use to communicate with users about online advertising and privacy practices.
Peter Fleischer, Google’s Global Privacy Counsel, gave a self-assured speech offering the online advertising industry’s point of view on data protection. Besides speaking about Google’s numerous products, Mr Fleischer spoke about the need to give people choices online. His main point was about users needing to opt out and not opt in to data privacy matters, and therefore the importance of the default rule.
Jacob Kohnstamm, Chairman of the Dutch Data Protection Authority, made the point that most data subjects were against the sharing of their personal data only when they were confronted with their online search history. He also stressed that any future legislation must to comply with existing rules.
Spiros Simitis, referred to his native Germany on the matter of controlling data protection. He stated “there can be no data protection without independent control”, that there needs to be the permanent presence of a supervisor and spoke of the need to initiate a continuous public and parliamentary debate.
Willemien Bax, Deputy Director of BEUC, said that consumers are unaware of how their data is used, be it in a supermarket, hotel or on the metro. He believes there has been a lack of implementation of the 1995 directive and that there needs to be easier access to redress. BEUC presented a study according to which 68% of consumers have concerns about data protection and suggested that the UCP Directive should apply to privacy notices, which should also be standardized. By doing so, privacy could become a competitive issue for companies, to the benefits of consumers. BEUC will organise a conference on 12th November, focusing on profiling and children.
Paul de Hert of Leiden University gave an animated speech about the complexity of the EU Directorate-Generals and how it was a positive thing that data protection spans multiple DGs. He also voiced concern over Google’s filtering techniques and targeted advertising approach.
Patrick Breyer, a data protection expert, spoke about whether there is a fundamental right to forget. He said that communication and access to information should be as anonymous online as they are in the offline world. He also believes it now wrong to consider communication and information as inseparable; online activities such as blogging show a distinct overlapping of these ideas.
Giovanni Buttarelli, the Italian Data Protection Supervisor, spoke about the need to bridge the gap between principles and reality while Stefan Verscheure of Belgium’s Data Protection Commission warned about the evolution of terminology and the care needed when translating legislation into different languages.
Jonathan Weeks from Intel said that, given the technological advances of recent years, the 1995 directive has stood the test of time well. The overall principles remain unbroken. He did, however, touch on the unique cultural environments of the EU member states and raised questions over the appropriateness of applying rigid, unaccommodating universal standards across multiple countries.
The Spanish data protection authority, Agencia Española de Protección de Datos (AEPD) reported on the drafting of a joint proposal, which will constitute the basis for binding international privacy standards, to be signed by 21 DPAs, the EDPS and the USA Department of Homeland Security. The proposal will be on the next DPAs International Conference of Data Protection and Privacy Commissioners’ agenda on 4th-6th November 2009 in Madrid.
For the press release: http://ec.europa.eu/justice_home/news/events/conference_dp_2009/press_release_en.pdf
For the EDPS’ speech, click here: http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/Publications/Speeches/2009/09-05-20_Brussels_transparency_notification_EN.pdf
For Commissioner’s Barrot’s website click here: http://ec.europa.eu/commission_barroso/barrot/news/default_en.htm
For the programme click here: http://ec.europa.eu/justice_home/news/events/conference_dp_2009/draft_programme_en.pdf
6. EU: Reding on the Internet of the Future
On 11th May, Information Society and Media Commissioner Viviane Reding gave a speech at the Czech Presidency Future of the Internet Conference, entitled “Internet of the Future: What policies to make it happen?”.
The Future Internet is an opportunity for politicians to improve EU competitiveness, innovation and employment growth, and thus to contribute to the social well-being of EU citizens. The internet has transformed people’s approach to social relations, to access to culture, education, or entertainment.
Ms. Reding also pointed at future challenges and trends, which can be summarized as follows:
Reding asked the audience if the internet of today is capable of facing these increasing number of requirements and expectations and said that much in depth research work is required.
In her final remarks’ Commissioner Reding highlighted the importance of innovation, which will be given due consideration in the post Lisbon" and "post i2010" strategies, currently under revision by the Commission. Tight links between technology developers, scientists and policy makers should be established. Furthermore, broadband, mobility, trust and security are key drivers towards the advent of a Future Internet. Finally the very global nature of the internet inevitably requires global partnership and cooperation.
For Reding’s speech click here: http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/09/231&format=HTML&aged=0&language=EN&guiLanguage=nl
7. 2nd Open Forum on Alcohol and Health, 30th April 2009, Brussels
The second annual Open Forum within the European Alcohol and Health Forum framework took place in Brussels on 30th April. It was an opportunity for all interested parties to exchange information and discuss current issues and provided an overview of the European Alcohol and Health Forum's work and actions, along with an update of regulatory developments at national, EU and international level. The focus was on the effects of alcohol advertising on young people’s drinking habits.
There were four panels:
The Director General of DG SANCO, Robert Madelin, said that EU institutions do not seek an advertising ban, but they rather debate whether the current regulatory framework is enough or could be improved. They would also continue to monitor the effectiveness of control on digital media.
A representative of the upcoming Swedish Presidency outlined their priorities on alcohol and health. Their message was: “action, not discussion” – they will host a conference on 21-22 September on Alcohol and Health to discuss how to protect children and youngsters with respect to commercial communications, and harmful alcohol consumption by adults.
Click here for a draft programme:
http://ec.europa.eu/health/ph_determinants/life_style/alcohol/Forum/docs/open300409_ag_en.pdf
More information and registration details are available at:
http://openforum.alcoholandhealthmeetings.eu/pro/fiche/quest.jsp;jsessionid=81EB30DFD3B09A1EB771E79543B22ED2.kl1
8. EU: Commission on RFID chips and privacy
Following 15 months of consultations with supplying and using industries, standardisation bodies, consumers' organisations, civil society groups and trade unions, on 12th May the Commission published its recommendations on the implementation of data protection principles for designers and operators of RFID (radio frequency identification) chips.
Smart chips using RFID transmit the identity (as a unique serial number) of an object or person wirelessly. The so-called Internet of Things will be able to track objects on the internet, and the Commission is concerned that it might invade citizens’ privacy and declared that:
Three years after the publication of the Recommendation, the Commission will provide a report on its implementation.
To see the Recommendation on RFID click here:
http://ec.europa.eu/information_society/policy/rfid/documents/recommendationonrfid2009.pdf
For FAQs, click here:
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/232&format=PDF&aged=0&language=EN&guiLanguage=en
9. Developments on Consumer Protection and Collective Redress
The Commission proposal for a directive on Consumer Rights was not concluded before the European Parliament elections.
The Parliament remains unclear as to how the proposal would affect Member States’ consumer protection and contract laws as well as other EU legislation, such as the UCP and eCommerce directives and Rome I and Rome II Regulations. On 4th May, the IMCO and JURI committees put forward a set of oral questions regarding the Commission’s proposal for a Consumer Rights Directive.
Commissioner Kuneva informed the Parliament that her services are preparing a table to illustrate the impact of the proposal on the existing levels of consumer protection in Member States. She noted that the interaction between the proposal and national general contract law remedies could be made clearer in the text, but she is also prepared to consider alternatives whereby elements of the national remedies could be incorporated into the proposal, if the Council and the Parliament prefer so.
Ms. Kuneva explained that the UCP Directive protects consumers collectively against questionable business practices, whereas the draft Consumer Rights Directive provides consumers who conclude a contract with a trader with individual contractual rights, which can be enforced before civil courts. The information requirement in the Services Directive and the eCommerce Directive will apply in addition to those of the proposal and will prevail in case of conflict with the proposal. The national law applicable to consumer contracts within the scope of the draft Directive will be determined exclusively by Rome I Regulation.
Kuneva informed the Parliament that she intends to launch a qualitative study in the near future on consumer behaviour and preferences regarding sales remedies. The results of the study should be available in the third quarter of 2009. Moreover, she will gather consumer and business stakeholders together at a joint meeting in June 2009 to clarify elements of the proposal and to further discuss its most important aspects.
MEP Harbour asked about digital content being excluded from the proposal. Kuneva said that issue of consumer protection in respect of digital content services was raised in the green paper consultation. However, it raised serious concerns in business quarters, and respondents argued that because of the complexity of the issue further careful analysis was needed. To this end, the Commission will carry out a study in order to determine the scope of the problem and the extent of the consumers suffering detriment as a result of digital content not being covered.
The European Commission is continuing to push for a European mechanism for collective redress. Despite industry skepticism of the effectiveness of such an approach, the Commission organised a public hearing on 29th May.
A discussion paper will draw on conclusions from the “Green Paper on Consumer Collective Redress”, published after the previous consultation, and offer a basis for discussion. The Commission has been criticised by industry players for supporting a Europe-wide Collective Redress mechanism as there is little evidence to suggest that such an approach will better protect consumers. There is also the belief that the Commission is overlooking other, more effective avenues such as Alternative Dispute Resolution.
On 8th May, the Commission launched a consultation paper for discussion on the follow up to the Green Paper on Consumer Collective Redress, in order to present the first working analysis of the impact of the options in the light of the replies to the Green Paper on consumer collective redress and to gather further information, preferably with concrete examples and/or figures on the concrete impact of the policy options, in particular on each national redress systems. The consultation closes 3 July 2009.
For the discussion paper on Consumer Collective Redress, click here: http://ec.europa.eu/consumers/redress_cons/collective_redress_en.htm
For the hearing’s webpage, click here: http://scic.ec.europa.eu/streaming/ccab0a/
The consultation can be found at: http://ec.europa.eu/consumers/redress_cons/docs/consultation_paper2009.pdf
10. EU: EESC on Protecting children using the internet
On 5th May, an EESC conference called for increased cooperation on the safety of children on the internet. The conference brought together over 100 participants from the Commission, the Council of Europe and commercial stakeholders such as Microsoft. Stronger cooperation was called for at both a European and International level, especially regarding Conventions on Cybercrime and on the Protection of Children against Sexual Exploitation, which several Member States are yet to ratify.
Christine Kormann (Head of Sector Safer Internet, DG INFSO, EC), mentioned various EU initiatives, such as the Safer Internet programme, European Safer Internet Centres, Safer Internet Day, the Prague Declaration (signed on 20th April 2009), as well as self-regulatory initiatives (European Framework for Safer Mobile Use by Younger Teenagers and Children -2007, Social Networking Sites Principles for the EU- 2009, to which 18 major SNS signed up and DG INFSO will monitor its implementation in 2009), Safer Internet Forum ‘Teaching Internet Safety in Schools’ October 2009.
Christina Schulman (Programme manager, Economic Crime Division, DG Human Rights & Legal Affairs, Council of Europe) gave an overview of the CoE’s measures for child protection and the fight against sexual exploitation and abuse (the Convention on Cybercrime 2001 and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007).
. She asked what responsibility ISPs should have for content that is made available through their systems, how far ISPs have an obligation to prevent crime/support investigations and what the consequences for ISPs should be if they fail to fulfil defined obligations.
Click here for the full article:
http://europa.eu/rapid/pressReleasesAction.do?reference=CES/09/64&format=HTML&aged=0&language=EN&guiLanguage=en