IAB UK has launched its consumer-focused website dedicated to educating consumers on behavioural advertising. The website aims to provide information on behavioural advertising, how it works, and the role it plays in helping to fund online content, services and applications. To see the website, click here: http://www.youronlinechoices.co.uk.

For any questions, do not hesitate to contact us: publicaffairs@iabeurope.eu . Giovanna Fumagalli - Public Affairs IAB Europe

1. Viviane Reding on the Future of the Internet and Europe's Digital Agenda
2. The Lisbon Treaty will be ratified by all sides by the end of the year
3. “Shaping Privacy, A path for Europe: priorities and principles.”
4. Update on the Telecoms Package
5. Commission report calls for more action against spammers
6. Commissioner Reding rules out regulation on Media Pluralism
7. Kuneva negotiates new consumer protection accords with US
8. Vienna: Reding speaks on economic recovery and the import role of the single market
9. Commissioner Kuneva outlines plans for "Cross-border eCommerce in Europe"
10. The Art29WP and EDPS contribution to data protection & data breaches

1. Viviane Reding on the Future of the Internet and Europe's Digital Agenda

Speaking on 6th October at a lunch debate, Commissioner for Information Society Viviane Reding spelled out her views on the future of the Internet and Europe's digital strategy.

R&D
Commissioner Reding began by speaking about the increasing need for research to find ways to make the internet more robust. She supported views expressed at a recent OECD ministerial conference which called for greater investment towards creating a better equipped internet, capable of withstanding the challenges of the future.

Net neutrality
Ms Reding underlined the EU’s commitment to preserving an open and neutral internet in Europe. She applauded the EU’s current stance on net neutrality but cautioned that we must remain vigilant to new and unforeseen threats. The Telecoms Package, once agreed upon, will provide further safe-guards on this issue.
Ms Reding would like to have a broad debate next year about how the Commission could use recent reforms to enhance net neutrality. She vowed to be Europe’s first line of defence whenever it comes to real threats to net neutrality.

eCommerce/ changing online landscape
Speaking about consumers and e-commerce, Ms Reding called on the European Parliament to swiftly adopt the Consumer Rights Directive. She also spoke about an ever changing online landscape and the increasing role of consumers as content producers (“prosumers”). Business models and licensing practices are struggling to cope in this new environment and new media services are stifled by overly complex, costly and time-consuming procedures to clear rights. Targeted measures will confront these issues.

Digitisation of books
The issue of mass scale digitisation of books and orphan works is a priority for the Commissioner. She said it was “unacceptable that our cultural heritage remains inaccessible to EU citizens” and urged Europe to come up with a modern set of rules including a European Rights Registry or a European System of Rights Registries to ensure authors receive fair remuneration. Greater recognition must be given to innovative projects such as ARROW and Europeana.

Content online
Ms Reding said there was a need for a harmonized digital content market. A reflection paper will be released by herself and Commissioner McCreevy before the end of this mandate which she hopes will pave the way for a Digital Single Market for Creative Content. ISPs, rights holders and consumers shall be consulted to give a balanced approach to this initiative, ICOMP shall also be involved.

Privacy
The protection of privacy and of personal data in the online environment is a key concern for the Commissioner. She said that Social Networking sites were at risk, particularly with regard to minors. Behavioural advertising is also an issue. She said that EU privacy rules were crystal clear: “a person's information can only be used with their prior consent”. The Commission was closely monitoring the current situation and it will not be afraid to act as it did in the UK with Phorm.

Regarding smart chips or RFIDs, Ms Reding reiterated her stance that consumers must be fully informed of such devices and have the right to remove them. “The "Internet of Things" will only work if it is accepted by the people.”

Ms Reding voiced disappointment at the progress made with trustmarks in Europe. She called on BEUC to take the lead in establishing a sustainable European trustmark to give consumers “the confidence needed to "surf abroad" and profit from our large market online.”

Broadband
The Commissioner said that broadband was at the heart of the European Economic Recovery Plan. Investing in ICT will result in higher economic output and, ultimately, a better quality of life for EU citizens.

2. The Lisbon Treaty will be ratified by all sides by the end of the year

On 3rd October the Irish people voted strongly in favour of the Lisbon Treaty with a majority of 67.1%. Once ratified, the Lisbon Treaty will mean greater EU legislative powers including the right to adopt by codecision and with Qualified Majority in the Council on issues such as culture, transport, intellectual property, sport, energy, tourism, immigration and police cooperation.

Specifically on advertising: “incentive measures designed to protect and improve human health and in particular to combat the major cross-border health scourges, measures concerning monitoring, early warning of and combating serious cross-border threats to health, and measures which have as their direct objective the protection of public health regarding tobacco and the abuse of alcohol, excluding any harmonisation of the laws and regulations of the Member States”. However, direct harmonisation of national legislation will not be allowed.

Main Changes include:

- the council being able to adopt by qualified majority of 55%.
- the maximum number of MEPs being limited to 750.
- A strengthened role for the European Parliament in areas such as budget and international agreements
- The appointment of a Council President (who will chair EU summits for a two-and-a-half year renewable term instead of a six-month rotation)
- The appointment of a Foreign Affairs minister and a security policy minister
- One million citizens from a number of Member States to be able to call on the Commission to bring forward new policy proposals,
- The possibility for a Member State to withdraw from the EU,

Important changes to the Comitology procedure shall also be made. Under the current treaties there are only implementing measures, the Lisbon Treaty shall distinguishes between delegated acts and implementing measures.

Click here for more information on the Lisbon Treaty:
http://europa.eu/lisbon_treaty/news/index_en.htm

After the Irish referendum and their “YES”, two more ratifications are expected for the Lisbon Treaty. This week the Polish President is expected to the act of ratification adopted by parliament in 2008, but most importantly the Czech Republic, which is awaiting the verdict of its Constitutional Court.

On 7th October, Czech PM announced that his country’s ratification would not be a problem and could be completed by the end of this year.

The Swedish Prime Minister Fredrik Reinfeldt confirmed the news but he mentioned that Swedish Presidency couldn’t start negotiations “Without a signature on paper” and he went on to add “however there are several areas where the Presidency can continue its work, trying to go as quickly as possible to prepare the ground.”

http://www.se2009.eu/en/meetings_news/2009/10/6/reinfeldt_to_meet_barroso_buzek_and_fischer
At a ceremony in Warsaw on Saturday 10th October, Polish President Lech Kaczynski signed the Lisbon Treaty. The event was attended by EU commission chief Jose Manuel Barroso and Swedish leader and EU president Frederik Reinfeldt. Now only the Czech Republic is yet to ratify the treaty. But despite the progress made in Warsaw, the Czech President Vaclav Klaus later reaffirmed his aims to push for opt-out amendments to the treaty before putting pen to paper.
Click here for the full article:
http://www.eppgroup.eu/press/showpr.asp?PRControlDocTypeID=1&PRControlID=8822&PRContentID=15294&PRContentLG=en

José Manuel Barroso, released on 19th October his intention for a split justice, freedom and security portfolio. He said that the creation of two new posts (one for justice and fundamental rights and another for security and internal affairs) out of the existing portfolio mirrors the situation in many Member States. Most governments in Europe have a minister for justice and a minister of interior and this was the main reason for deciding to separate the current portfolio of justice, freedom and security. Barroso was speaking after meeting Thorbjørn Jagland, the new secretary general of the Council of Europe. The ex-prime minister of Norway welcomed the highlight of human rights in the new Commission and said that it’d be good to see which of two bodies could do more for human rights.

http://ec.europa.eu/avservices/services/showShotlist.do?out=PDF&lg=En&filmRef=66133

3. “Shaping Privacy, A path for Europe: priorities and principles.”

On 29th September, MEP Sophie In’t Veld (ALDE, Netherlands) hosted a conference with the European Privacy Association (EPA) titled “Shaping Privacy, A path for Europe: priorities and principles.” Ms In’t Veld opened the conference by announcing the launch of an Intergroup for Privacy in the Parliament. A formal proposal will be submitted and she hopes to get the support needed to ratify the group. She went on to ask who was the owner of personal information? She expressed great concern over governments’ intentions when using citizens’ data. She was more suspicious of the public sector’s use of data than the private sector.

Pietro Paganini, EPA Executive Officer, spoke about the association’s two aims: firstly the right of individuals to be free and make choices and secondly Economic prosperity. He also spoke of the need for an open dialogue on privacy when we start developing products and services, this in turn could avoid unnecessary regulation. He also mentioned that is it important to bring the issue of cloud computing into the Parliament and that EPA is set to publish a paper on this next month. Lastly he mentioned that there needs to be an opening of dialogue with the United States on privacy policies and global solutions need to be found.

Ms In’t Veld talked about the need to raise awareness among the public for data protection issues. She spoke of a lack of democratic oversight by untrusting governments and criticised the Council and Commission for not being more open with their use of data. The European Data Protection Supervisor Peter Hustinx welcomed the initiative adding that both businesses and governments using personal data need to be more accountable. Also with the hopeful ratification of the Lisbon treaty, there will be greater powers for EU institutions to approach privacy. MEP Baronness Sarah Ludford (UK, ALDE) and MEP Tiziano Motti (Italy, EPP-ED) also approved the Intergroup and its objectives.
John Kropf, representing Mary Ellen Callahan, Chief Privacy Officer from the US Department of Homeland Security (DHS), also welcomed the initiative and extended an invitation to MEPs to attend an EU-US data transfer conference taking place on 17-18 November in Washington. MEP In’t Veld concluded the session reiterating her desire for the Intergroup to be supported by her fellow MEPs. Her final remark questioned why there is such a vibrant culture of protecting civil liberties in the US and why this is not yet the case in the EU.
Click here to learn more about the EPA:
http://www.europeanprivacyassociation.eu/2009/default.asp

4. Update on the Telecoms Package

On 9th October the Transport Council formally rejected the Parliament’s position on the Telecoms Package. The long-awaited decision now means that the Package will pass to a conciliation phase. A conciliation committee will take place in six to eight weeks hoping to reach a compromise.

Click here for the whole article:
http://www.se2009.eu/en/meetings_news/2009/10/9/the_rights_of_ship_passengers_ensured_and_telecoms_package_rejected_at_transport_council_in_luxembourg

On 15th October, the European Consumers Organisation (BEUC) sent an open letter to the Conciliation Committee of the Telecom Package, to push them to keep amendment 138 so to protect consumers’ rights. In the letter BEUC says that the suggested cancellation of service (ISPs cutting users off if they are suspected of copyright violation without a judicial ruling) is a “violation of the fundamental rights to a fair trial and to the presumption of innocence. The fundamental right to privacy is also at stake. Furthermore, the fundamental right to information and freedom of expression will be curtailed.” On 16th October, the Greens/EFA Group also submitted its first proposal to maintain Amendment 138.
To read BEUC’s letter, click here:
http://www.beuc.eu/BEUCNoFrame/Docs/2/GNHCKAMBLMACADKBOMPIIMAKPDBG9DBWGN9DW3571KM/BEUC/docs/DLS/2009-00846-01-E.pdf
EU Member States have, along with the Commission, agreed on an amended text for the Telecoms Package. The new text, agreed on 13th October, does not explicitly say that a ‘prior ruling by the judicial authorities’ is needed to disconnect someone from the internet, and therefore does not mirror the European Parliament’s standpoint, but it does stress "the right to effective judicial protection, in compliance with the principles of Community Law". A Council representative said that the new text was a ‘valid compromise’.

On 4th November the European Parliament and the Council will officially start a Conciliation procedure for the Telecoms Package. Negotiations will focus on amendment 138 of the Package which states that a user’s internet connection can be cut off only with prior judicial warning. Agreeing to these terms would mean that Member States would have to harmonise not only community competences, but also their constitutional and judicial frameworks, and this is something which the Council is reluctant to do.
The Chairman of the Parliamentary Delegation, MEP Alejo Vidal-Quadras, has a resolute but open stance on the matter. Speaking on 22nd October, he said that MEPs will ‘go to negotiations with a compromising spirit but firm in our defence of the rights of the users’.

Click here for more information:
http://www.eppgroup.eu/Press/showpr.asp?PRControlDocTypeID=1&PRControlID=8856&PRContentID=15345&PRContentLG=en

5. Commission report calls for more action against spammers

The European Commission has, on 8th October, released a study on spamming and online privacy. The Commission-funded study reveals varying levels of privacy invasion across different Member States and says that greater legislative action is needed to combat the issue, clearer and more consistent enforcement rules and dissuasive sanctions, better cross-border cooperation, and adequate resources for national authorities in charge of protecting citizens' online privacy.

Commissioner Reding called on EU countries to reinforce their national efforts to fight online privacy threats such as spam, spyware and malicious software.

The main findings indicate that:
• Almost all EU countries now have one or more websites where citizens can find information or make a complaint if they become a victim of spam, spyware or malware;
• An analysis of enforcement cases from various Member States shows considerable differences between the number of cases per country and the fines imposed.
• Public authorities must have clear mandates, responsibilities and cooperation procedures between themselves; public-private partnership is also needed.
• Spam is a global problem, hence the need for international cooperation.
• Member States should allocate sufficient resources to national authorities so to gather evidence, pursue investigations and mount prosecution in this field.

The reformed Telecoms Package would provide conditions for a better enforcement of privacy rules.

To read the study, including assessments of progress in each EU country, links to national DPAs' websites in Member States where consumers can complain about spam, spyware and malware:
http://ec.europa.eu/information_society/policy/ecomm/library/ext_studies/index_en.htm#2009

Flash Eurobarometer Confidence in the Information Society:
http://ec.europa.eu/information_society/policy/nis/strategy/activities/inde x_en.htm

Click here for more information:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1487&format=HTML&aged=0&language=EN&guiLanguage=en
On 22nd October the European Commission published a study on European involvement in interactive websites. The study showed that Europeans are contributing more and more to online activities such as blogs and generating revenue for both website owners and contributors. The report has raised awareness for the need for new EU legislation on user-created content in the Single Market. Users and creators of online content are finding a need for clearer legal guidelines on areas such as copyright, e-commerce and data protection.
Click here for the full article:
http://ec.europa.eu/information_society/newsroom/cf/itemdetail.cfm?item_id=5322

6. Commissioner Reding rules out regulation on Media Pluralism

On 8th October, during a parliamentary plenary debate on media freedom, ALDE leader Guy Verhofstadt urged Commissioner Viviane Reding to introduce a directive on media pluralism to combat concentration of media ownership in the hands of a single person.

This follows recent growing concern over the freedom of the media in Italy. Other political groups, such as Liberal, Socialist and Greens, have also voiced concern about media concentration in Italy. They asked the Commission to invoke Article 7 of the EU Treaty, under which member states that commit a "serious and persistent breach” of fundamental rights can have their voting rights in the Council removed.

Commissioner Reding underlined the importance of freedom of the press but dismissed such a move saying that EU legislation was not the answer ad that the EU Executive has no power to take action whatever is the case: the Commission can only enforce the protection of human rights when it comes to the actions of the EU institutions themselves and what member states do in the implementation of EU laws. Anything outside this, should be left to the Member State to decide.
The centre-right group EPP, the anti-federalist European Conservatives and Reformists and the right-wing eurosceptic Freedom and Democracy group expressed their very different opinion. MEP Mario Mauro (EPP-ED) said that the problem of media freedom in Italy is raised by the Left only when they are not in power.
At the end of the session, Ms. Reding reminded the MEPs that the Commission did try to draft a Directive on media concentration in the 1990s but the Council opposed it. She then asked for strong support from the Parliament, should this initiative go ahead. Ms. Reding added that Article 7 was a very exceptional provision and that, with the necessary majority, both the Parliament and the Council could activate it.
Click here for the full article: http://www.europarl.europa.eu/news/public/focus_page/008-61783-292-10-43-901-20091002FCS61743-19-10-2009-2009/default_p001c004_en.htm

7. Kuneva negotiates new consumer protection accords with US

Meglena Kuneva, the EU Consumer Protection Commissioner is negotiating with U.S. Government the signing of two new treatments about consumer protection and rights. The first meeting took place on 5 October in Washington and it was about two new agreements concerning the better information sharing on dangerous products and the protection for online transactions. Commissioner stated for the treatments: “Negotiations are advancing - the US authorities are very supportive”.
In addition, apart from the treatment proposals, the officials of two sides discussed about hidden bank fees, complex products and products that tie consumers to other products. However, on the use of online personal data, the EU and US regulatory approaches differ widely.

8. Vienna: Reding speaks on economic recovery and the import role of the single market

Speaking on 16th October in Vienna on a panel entitled “Global Economic Recovery”, the Commissioner for Information Society and Media, Viviane Reding, highlighted three key areas for the Commission to focus on when developing future economic policies for Europe.

Firstly, Ms Reding stressed the importance of “firmly (re-)anchoring policies in economic principles”. Confidence needs to be restored among businesses and citizens and this can only be achieved by a commitment to clear policies based on sound economic values. She referred to Germany’s post-war ‘Wirtschaftswunder’ and hoped that Germany’s next Commissioner would be “a new Ludwig Erhard.”
The Commissioner’s second point was the current need for stability. She applauded the creation a European Systemic Risk Board and urged EU regulators to stand firm against UK lobbying efforts to water down current financial regulatory proposals. Ms Reding also warned that, if current measures did not suffice, the European Central Bank could be given ultimate responsibility for Europe’s financial regulation.

Thirdly was the need for new productivity. Ms Reding said that greater competition and innovation was needed to accelerate Europe’s battered economies, but also cautioned that overwhelming public spending projects being discussed in certain member states could get out of control. She called for a commitment for governments to return to a sound and sustainable management of public finances which will contribute to “lasting positive effect on productivity.”

Ms Reding went on to give examples of how greater exploitation of the internal market could lead to further opportunities for growth. Firstly, an EU wide harmonisation of the telecoms regulatory framework could boost GDP 1.6-2%. Secondly, the creation of a European copyright title would do away with territorial fragmentation of licensing conditions and enable consumer to access content from websites outside their own country. Ms Reding said that, once ratified, the Lisbon Treaty will allow for this to happen and she hopes that Europe will “have the courage to make use of this soon.” Finally, the Commissioner spoke about the need to encourage greater cross-border online commerce.

Ms Reding concluded that the single market has “far too many flaws for businesses and end-consumers” and that now was the time to grasp this opportunity for growth.

Click here for the whole speech:
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/09/479&format=HTML&aged=0&language=EN&guiLanguage=en

9. Commissioner Kuneva outlines plans for "Cross-border eCommerce in Europe"

Speaking in Brussels on 22nd October, European Consumer Commissioner Meglena Kuneva communicated a strategy on cross-border ecommerce in the EU. She outlined three key areas where improvement was needed for the EU to realise its online shopping potential. Firstly, the need to create a single set of consumer rights, secondly, to provide consumers with an adequate means of redress and, thirdly, to simplify the regulatory environment for retailers. Ms Kuneva also stressed the importance of data protection.
Click here for the full article:
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/09/491&format=HTML&aged=0&language=EN&guiLanguage=en

Click here to view frequently asked questions on cross-border shopping:
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/475&format=HTML&aged=0&language=EN&guiLanguage=en

10. The Art29WP and EDPS contribution to data protection & data breaches

The independent advisory body on data protection and privacy, Article 29 Working Party organized its 72nd plenary session on 12-13/10/2009. Main subject of the session was the contribution to EU’s efforts with proposals and recommendations concerning the field of Data Protection and Privacy. On 19th-20th of May, EU commission hosted a conference entitled “Personal data - more use, more protection?" and on June Commissioner Barrot, responsible for Justice, Freedom and Security discussed with Article 29 better ways of protection for the consumers. According to these, Article 29 Working Party will continue consulting and working parallel with European experts on the interpretation of key provisions of Directive 95/46/EC, and in particular on the definition of Data Controller and Data Processor (article 2 of Directive 95/46/EC), with a view to finalising this work by the end of the year.

http://ec.europa.eu/justice_home/fsj/privacy/workinggroup/index_en.htm

On 23 October, the EDPS, together with the European Network and Information Security Agency (ENISA) will be hosting a seminar on "Responding to Data Breaches" in the European Parliament. The seminar will be devoted to three main objectives, which correspond to the "life cycle of data breach":
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/PressNews/Events/Seminar_data_breaches_agenda_EN.pdf

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