Posts tagged European Union

behavioral analytics, behavioral marketing, behavorial advertising, cookies, EU, European Union, Google, international, Privacy Policy

European Criticism for Google's New Privacy Policy

By W. Scott Blackmer on February 28, 2012

Google's new privacy policy (and its plans to create user profiles across multiple online services) has drawn fire from European data protection authorities. Online and mobile retailers and service providers should take account of a renewed emphasis on transparency and proportionality in collecting data about users.

data protection, data transfer, EU Data Protection Directive, EU Directive, European Commission, European Union, Legislation, OECD, privacy, privacygenerations

European Commission Announces Strategy for Revising EU Data Protection Rules

By InfoLawGroup LLP on November 04, 2010

Earlier today, the European Commission released documents setting out the road map for revision of the European data protection rules, including the EU Data Protection Directive 95/46/EC. The strategy is based on the Commission's position that an individual's ability to control his or her information, have access to the information, and modify or delete the information are "essential rights that have to be guaranteed in today's digital world." The Commission set out a strategy on how to protect personal data while reducing barriers for businesses and ensuring free flow of personal data within the European Union.

Cloud, cloud computing, EU, EU Data Protection Directive, EU Directive, European Union, Germany, international data transfers, Safe Harbor, transborder data flows

European Reservations?

By W. Scott Blackmer on August 25, 2010

German state data protection authorities have recently criticized both cloud computing and the EU-US Safe Harbor Framework. From some of the reactions, you would think that both are in imminent danger of a European crackdown. That's not likely, but the comments reflect some concerns with recent trends in outsourcing and transborder data flows that multinationals would be well advised to address in their planning and operations.

Binding Corporate Rules, clauses, cloud computing, consent, contract, controller, EU, EU Data Protection Directive, EU Directive, European Union, offshoring, outsourcing, processor, Safe Harbor, sstandard, standard contractual clauses

Do the New EU Processing Clauses Apply to You?

By W. Scott Blackmer on June 10, 2010

A new set of EU standard contract clauses ("SCCs" or "model contracts") for processing European personal data abroad came into effect on May 15, 2010. Taken together with a recent opinion by the official EU "Article 29" working group on the concepts of "controller" and "processor" under the EU Data Protection Directive, this development suggests that it is time to review arrangements for business process outsourcing, software as a service (SaaS), cloud computing, and even interaffiliate support services, when they involve storing or processing personal data from Europe in the United States, India, and other common outsourcing locations.

acceptable use policy, behavioral marketing, confidentiality, data protection, EU, European Union, Facebook, Federal Trade Commission, fraud, FTC, identity theft, privacy, social media, social networking

Social Networking: Setting Boundaries in a Borderless Brave New World

By W. Scott Blackmer on May 29, 2010

Social networking entails some risks and responsibilities. It may implicate privacy and labor law, confidentiality and nondisclosure agreements, advertising regulations, defamation, and other legal regimes, across borders in a global medium. Users, and their employers, need to be aware of these risks and responsibilities in deciding how to make best use of social media.

AdWords, Electronic Commerce Directive, European Union, fair trade practices, Google, keyword advertising, service provider liability, trademark, unfair competition

European Court Hands Google a Keyword Victory but Warns Online Advertisers

By W. Scott Blackmer on March 26, 2010

The European Court of Justice rules that Google is not liable for automated keyword advertising based on brand names. Advertisers, however, may be liable under trademark and fair competition laws if the ads misleadingly suggest that they link to the trademark owner.