This document summarizes a presentation on real-time and trigger-based direct marketing given at the BDMA in Brussels on February 25, 2016. It discusses how current and upcoming EU privacy laws significantly impact real-time and trigger-based marketing by defining most available data as personal data requiring opt-in consent. Specifically, rights like the right to object to profiling and processing and new rules around cookies and children's data collection will challenge these marketing approaches. Attendees are advised to review contracts, compliance, and get legal guidance to prepare for the upcoming General Data Protection Regulation taking effect in 2017.
The legal landscape for e-commerce is constantly evolving. Recent and upcoming changes include stricter rules around cookies and privacy, stronger consumer protections, alternative dispute resolution regulations, potential new rules for marketplaces and geo-blocking, and shifting VAT rules for cross-border sales of goods and services. E-commerce companies must carefully monitor legal developments and ensure their practices comply with the latest regulations to avoid hefty fines.
20160317 shopping innovation expo: juridische update in e-commerceBart Van Den Brande
The legal landscape for e-commerce is constantly evolving. Recent and upcoming changes include stricter privacy regulation, new rules around cookies, marketplaces, and geo-blocking, and strengthened consumer protection in online sales. E-commerce companies need to actively monitor legal changes, update policies and contracts, appoint data protection officers, and prepare for the upcoming EU General Data Protection Regulation taking effect in 2017. While regulations aim to strengthen consumer rights, some provisions may impact e-commerce businesses and additional guidance is still needed in some areas.
Legally Sound in 2019 - Update on Legal Changes in E-Commerce: Martin Hahn (H...Smart E-Commerce Network
The document summarizes recent legal changes affecting e-commerce in Europe, including the New Packaging Act, Geo-Blocking Regulation, and GDPR. It outlines new requirements for online retailers regarding packaging registration and reporting, equal access and terms for customers across Europe, and expanded transparency and documentation for privacy compliance. Non-compliance could result in fines up to €200,000-300,000 or up to 4% of annual revenue. The document provides links for additional information on these legal topics.
Implementation of the new European Consumer Directive 31.05.2014BeCommerce
The document summarizes the key changes to the implementation of the new European Consumer Directive regarding online transactions. Specifically, it outlines new timing requirements for providing pre-contractual and contractual information to consumers at the beginning of the ordering process and upon delivery. It also discusses updated information that must be included, such as payment and delivery options, total price, and expanded right of withdrawal details. Sellers are required to provide terms and conditions on a durable medium, either printed or in an unchangeable digital file, and repay the consumer within 14 days if they withdraw.
Presentation of reseach of GDPR enforcement practice, based on information of 86 cases, vailaible publicly. The event, where the research was presented, has taken place in Kyiv, Ukraine on October, 10, 2019.
Belgium Business Register (KBO BCE) in Open DataFrank De Saer
The Belgian enterprise register (Banque-Carrefour des Entreprises – BCE/Kruispuntbank van Ondernemingen – KBO) is the authentic source for all company information in Belgium. The legal framework governing the register was recently revised, also in order to increase the transparency of the register’s information and allow the re-use of the data. The updated version of the legal framework will for example allow the BCE/KBO to:
•offer a free set of open data;
•show more information on the Public Search website (f.e. legal situations of an enterprise) and enlarge the search possibilities;
•offer public search webservices
This should make it possible for companies and individuals to develop applications, having a positive effect on the economy in general. The new legal framework should enter into force on the 9th of May 2014.
The legal landscape for e-commerce is constantly evolving. Recent and upcoming changes include stricter rules around cookies and privacy, stronger consumer protections, alternative dispute resolution regulations, potential new rules for marketplaces and geo-blocking, and shifting VAT rules for cross-border sales of goods and services. E-commerce companies must carefully monitor legal developments and ensure their practices comply with the latest regulations to avoid hefty fines.
20160317 shopping innovation expo: juridische update in e-commerceBart Van Den Brande
The legal landscape for e-commerce is constantly evolving. Recent and upcoming changes include stricter privacy regulation, new rules around cookies, marketplaces, and geo-blocking, and strengthened consumer protection in online sales. E-commerce companies need to actively monitor legal changes, update policies and contracts, appoint data protection officers, and prepare for the upcoming EU General Data Protection Regulation taking effect in 2017. While regulations aim to strengthen consumer rights, some provisions may impact e-commerce businesses and additional guidance is still needed in some areas.
Legally Sound in 2019 - Update on Legal Changes in E-Commerce: Martin Hahn (H...Smart E-Commerce Network
The document summarizes recent legal changes affecting e-commerce in Europe, including the New Packaging Act, Geo-Blocking Regulation, and GDPR. It outlines new requirements for online retailers regarding packaging registration and reporting, equal access and terms for customers across Europe, and expanded transparency and documentation for privacy compliance. Non-compliance could result in fines up to €200,000-300,000 or up to 4% of annual revenue. The document provides links for additional information on these legal topics.
Implementation of the new European Consumer Directive 31.05.2014BeCommerce
The document summarizes the key changes to the implementation of the new European Consumer Directive regarding online transactions. Specifically, it outlines new timing requirements for providing pre-contractual and contractual information to consumers at the beginning of the ordering process and upon delivery. It also discusses updated information that must be included, such as payment and delivery options, total price, and expanded right of withdrawal details. Sellers are required to provide terms and conditions on a durable medium, either printed or in an unchangeable digital file, and repay the consumer within 14 days if they withdraw.
Presentation of reseach of GDPR enforcement practice, based on information of 86 cases, vailaible publicly. The event, where the research was presented, has taken place in Kyiv, Ukraine on October, 10, 2019.
Belgium Business Register (KBO BCE) in Open DataFrank De Saer
The Belgian enterprise register (Banque-Carrefour des Entreprises – BCE/Kruispuntbank van Ondernemingen – KBO) is the authentic source for all company information in Belgium. The legal framework governing the register was recently revised, also in order to increase the transparency of the register’s information and allow the re-use of the data. The updated version of the legal framework will for example allow the BCE/KBO to:
•offer a free set of open data;
•show more information on the Public Search website (f.e. legal situations of an enterprise) and enlarge the search possibilities;
•offer public search webservices
This should make it possible for companies and individuals to develop applications, having a positive effect on the economy in general. The new legal framework should enter into force on the 9th of May 2014.
El documento describe los tipos de sutura simple y pregunta sobre ellos. Identifica que la sutura simple corresponde a una herida pequeña, poco profunda con bordes regulares. Afirma que en sutura se debe usar el menor calibre posible y la aguja más delgada.
E-Commerce van A tot Z: hoe van uw online avontuur een succes maken?
E-Commerce is vandaag alomtegenwoordig. Elke dag verschijnen er in de media berichten over het belang van ‘online’ aanwezigheid voor ondernemingen, over de gigantische opportuniteiten die e-Commerce kan bieden maar evenzeer over de risico’s en uitdagingen die daaraan verbonden zijn.
U moet niet alleen de ‘perfecte’ webshop zien te creëren en voldoende trafiek zien te generen, er zijn tal van juridische en fiscale uitdagingen waar u als ondernemer eveneens aandacht voor dient te hebben, u moet een digitale marketingstrategie uitwerken, een duidelijk logistiek plan uitwerken,….
Een geïntegreerde aanpak van uw digitale avontuur is dan ook een must!
In deze sessie van Duval Union Academy bieden een aantal specialisten u, elk vanuit hun invalshoek, hun inzichten op de verschillende deelaspecten van dit digitale avontuur.
Le retargeting, ou reciblage publicitaire, est souvent présenté comme le graal de l'acquisition pour les sites de e-commerce. Excellents taux de clics et de conversion, rentabilité apparemment indiscutable. Mais qu'en est-il réellement ?
Cette présentation a pour but de vous permettre de comprendre le potentiel écart entre promesses et réalité de ce canal et de répondre aux questions suivantes :
- Comment calculer le R.O.I. réel du retargeting ?
- Comment l'optimiser ?
- Quelles sont les bonnes questions à se poser avant de se lancer ?
The Tech's In The Mail - DIRECT MAIL + Marketing automation = triggered marke...Dennis Kelly
Presentation at NEDMA's Annual Conference
Marketing Automation is exploding
Direct Mail is better at generating leads on a timely basis
PURLs can link Direct Mail & Marketing Automation, bringing the best of both worlds together on campaigns
Privacy and data protection - Presentation for Bdma real time and trigger bas...Bart Van Den Brande
The document summarizes key points from a presentation on real time and trigger based marketing under current and future European privacy law. It notes that current law requires opt-in consent for most personal data processing but defines personal data broadly. The upcoming GDPR will further strengthen consumer privacy rights by requiring explicit consent for profiling and automated decision-making. It will also grant rights to access, correct and delete personal data, which could significantly impact personalized marketing. Companies are advised to begin compliance preparations like performing risk assessments, appointing data protection officers and updating policies and vendor contracts.
Data and personalisation Duval Union Academy breakfastsessions.be 9 June 2016Bart Van Den Brande
The document discusses the impact of current and future European privacy laws on personalization, real-time advertising, and trigger-based marketing. It notes that current laws require opt-in consent for most data processing and profiling. The upcoming General Data Protection Regulation will further restrict personalization by giving people rights to object to profiling and processing for direct marketing. It will require consent for collecting children's data and impose hefty fines for non-compliance. Marketers must prepare by reviewing contracts, policies, and staff training to comply with the new laws.
This document discusses legal aspects of privacy and data protection related to risk scoring at customer acceptance. It provides an overview of current EU privacy law, which is based on obtaining opt-in consent for processing personal data. Nearly all available data for credit scoring is considered personal data. The definition of personal data has been interpreted broadly by the EU courts to include information like IP addresses and social media activity. The new EU privacy regulation proposed in 2016/2017 aims to strengthen protections but negotiations between the European Parliament and Council have resulted in differing proposals that take differing stances toward business and consumer interests. In the meantime, companies should monitor developments, review contracts, and prepare for compliance with new obligations around data security, breach notification, and oversight.
This document discusses the current and upcoming data privacy regulations in the EU and how they will impact data driven marketing. It notes that the current EU privacy directives are over 20 years old and no longer fit with modern technology and data practices. The EU is working on a new regulation to replace the directives and create a uniform set of privacy rules across all member states, but the process has been ongoing since 2012 and is still in progress. The new regulation is expected to further restrict data collection and use, require more explicit consumer consent, and impose higher penalties for noncompliance. It advises marketers to begin preparing for these changes to policies, processes, and systems.
CMR - GDPR - general introduction for marketeersThe CMR Agency
Some general information by The CMR Agency on GDPR - General European Protection Regulation - from a marketing perspective - meant for non-legal persons
This document summarizes a meeting that discussed European legal and privacy updates for data-driven marketing. It included presentations from the CEO of DMA Group and the co-chair of FEDMA on different privacy views in Europe and the need for proportionate and effective regulation through dialogue between industry and policymakers. Other topics discussed were the Data Protection Regulation's impact and how to prepare for the new law, including assessing what constitutes personal data, consent mechanisms, legitimate interest, and profiling activities. The future of marketing and why the industry should care about developments in Europe were also mentioned.
Gdpr compliance. Presentation for Consulegis Lawyers networkBart Van Den Brande
This document discusses the importance of GDPR compliance for law practices. It notes that the GDPR replaces the 1995 data protection directive and applies to any organization that collects or processes personal data. It affects most companies and law firms due to client and personnel databases. Compliance requires changes to business processes, database management, and designating a data protection officer. Non-compliance can result in fines of up to 20 million euro or 4% of global revenue. The document outlines trajectories for compliance from 2 days of work for sole practitioners up to many months for large corporations.
Fintech and Data Protection by Balint Halasz and Zoltan Tarjan 25 10 2016bhalasz
This document summarizes key topics from a presentation on data protection in FinTech, including:
- Data processing and legal issues in FinTech like profiling, credit scoring, and international data transfers.
- An overview of the upcoming GDPR and new requirements like increased penalties, data breach rules, and direct liability of processors.
- How profiling and big data are used in financial services for tasks like risk assessment, fraud detection, and customer analytics.
- Rights of data subjects related to profiling, automated decisions, and accessing processing logic/consequences.
- Requirements for privacy impact assessments when profiling poses high risks to individuals.
- Solutions for international data transfers under GDPR like Privacy Shield, standard contractual
There are new rules for Digital Marketing: any organisation selling to Customers in the EU must comply with the General Data Protection Regulation by 25 May 2018 or face fines up to 4% of global turnover. The laws apply to all organisations worldwide, no matter where they are incorporated. Businesses have just 2 years to comply.
The newsletter summarizes upcoming events hosted by the GRUIA DUFAUT Law Office, including presentations on legal frameworks for investments in Romania and labor law. It also provides summaries of new regulations regarding remote working, tax audits of individuals, and debt collection across the EU. Additionally, it announces that microenterprises can now opt for corporate tax instead of turnover tax and that the founder of the law office was appointed an ambassador for a program encouraging Romanian entrepreneurship. Finally, it discusses services available related to the new European General Data Protection Regulation taking effect in May 2018.
Gdpr compliance univ'air carslon wagon lit 5 oktober 2017Bart Van Den Brande
The GDPR will have a significant impact on travel and marketing industries beginning May 2018. It establishes much stricter rules around personal data processing and privacy. Non-compliance can result in fines up to 4% of annual global turnover or 20 million euros. Key changes include strengthened data subject rights, accountability requirements for all data processing, security obligations, and mandatory breach reporting. Companies need to audit all data practices and subcontractors to ensure compliance. Preparation may take 1-10 months depending on company size and complexity.
20150610 febelmar privacy matters eu regulationFebelmar
The document summarizes key issues from an EU regulatory perspective for the direct marketing industry. It discusses the Digital Single Market package, data protection and e-privacy regulations, and their potential impact on direct marketing. The GDPR negotiations are ongoing and aim to balance consumer and business interests, with implications including more explicit consent, strengthened profiling rules, and limited access to data for marketers.
The document summarizes key aspects of the upcoming General Data Protection Regulation (GDPR) that will impact companies processing personal data. It outlines new rules around security and internal processes, information obligations and rights of data subjects. Companies must be prepared to audit data usage, review contracts, update policies and train staff. Non-compliance could result in fines of up to 20 million euro or 4% of annual turnover.
The document discusses privacy laws regarding cookies in Belgium. Current privacy laws are ineffective due to a lack of unified EU rules. A new proposed EU regulation aims to strengthen privacy rights and harmonize rules across member states. Based on current Belgian law and EU guidance, websites are likely obligated to inform visitors about cookie use and obtain explicit opt-in consent prior to using non-functional or third-party cookies. Browser fingerprinting may also require consent under privacy laws. Non-compliance could result in legal consequences.
Legal changes in marketing automation require compliance with GDPR and data export regulations. Tools that export personal data outside the EU without proper safeguards like Google Analytics have come under increased scrutiny, as they violate GDPR. Marketers must choose tools and vendors carefully to ensure personal data is not exported unlawfully and that their marketing activities respect privacy rights.
The somewhat awkward marriage between digital marketing and data protection (...Bart Van Den Brande
Data protection and digital marketing seem hard to reconcile: cookie regulations, GDPR, ePrivacy, .... Seem to restrict marketing activities, but what if marketeers could learn to use data protection laws to gain consumer's trust and thus build a long term customer relationship...?
El documento describe los tipos de sutura simple y pregunta sobre ellos. Identifica que la sutura simple corresponde a una herida pequeña, poco profunda con bordes regulares. Afirma que en sutura se debe usar el menor calibre posible y la aguja más delgada.
E-Commerce van A tot Z: hoe van uw online avontuur een succes maken?
E-Commerce is vandaag alomtegenwoordig. Elke dag verschijnen er in de media berichten over het belang van ‘online’ aanwezigheid voor ondernemingen, over de gigantische opportuniteiten die e-Commerce kan bieden maar evenzeer over de risico’s en uitdagingen die daaraan verbonden zijn.
U moet niet alleen de ‘perfecte’ webshop zien te creëren en voldoende trafiek zien te generen, er zijn tal van juridische en fiscale uitdagingen waar u als ondernemer eveneens aandacht voor dient te hebben, u moet een digitale marketingstrategie uitwerken, een duidelijk logistiek plan uitwerken,….
Een geïntegreerde aanpak van uw digitale avontuur is dan ook een must!
In deze sessie van Duval Union Academy bieden een aantal specialisten u, elk vanuit hun invalshoek, hun inzichten op de verschillende deelaspecten van dit digitale avontuur.
Le retargeting, ou reciblage publicitaire, est souvent présenté comme le graal de l'acquisition pour les sites de e-commerce. Excellents taux de clics et de conversion, rentabilité apparemment indiscutable. Mais qu'en est-il réellement ?
Cette présentation a pour but de vous permettre de comprendre le potentiel écart entre promesses et réalité de ce canal et de répondre aux questions suivantes :
- Comment calculer le R.O.I. réel du retargeting ?
- Comment l'optimiser ?
- Quelles sont les bonnes questions à se poser avant de se lancer ?
The Tech's In The Mail - DIRECT MAIL + Marketing automation = triggered marke...Dennis Kelly
Presentation at NEDMA's Annual Conference
Marketing Automation is exploding
Direct Mail is better at generating leads on a timely basis
PURLs can link Direct Mail & Marketing Automation, bringing the best of both worlds together on campaigns
Privacy and data protection - Presentation for Bdma real time and trigger bas...Bart Van Den Brande
The document summarizes key points from a presentation on real time and trigger based marketing under current and future European privacy law. It notes that current law requires opt-in consent for most personal data processing but defines personal data broadly. The upcoming GDPR will further strengthen consumer privacy rights by requiring explicit consent for profiling and automated decision-making. It will also grant rights to access, correct and delete personal data, which could significantly impact personalized marketing. Companies are advised to begin compliance preparations like performing risk assessments, appointing data protection officers and updating policies and vendor contracts.
Data and personalisation Duval Union Academy breakfastsessions.be 9 June 2016Bart Van Den Brande
The document discusses the impact of current and future European privacy laws on personalization, real-time advertising, and trigger-based marketing. It notes that current laws require opt-in consent for most data processing and profiling. The upcoming General Data Protection Regulation will further restrict personalization by giving people rights to object to profiling and processing for direct marketing. It will require consent for collecting children's data and impose hefty fines for non-compliance. Marketers must prepare by reviewing contracts, policies, and staff training to comply with the new laws.
This document discusses legal aspects of privacy and data protection related to risk scoring at customer acceptance. It provides an overview of current EU privacy law, which is based on obtaining opt-in consent for processing personal data. Nearly all available data for credit scoring is considered personal data. The definition of personal data has been interpreted broadly by the EU courts to include information like IP addresses and social media activity. The new EU privacy regulation proposed in 2016/2017 aims to strengthen protections but negotiations between the European Parliament and Council have resulted in differing proposals that take differing stances toward business and consumer interests. In the meantime, companies should monitor developments, review contracts, and prepare for compliance with new obligations around data security, breach notification, and oversight.
This document discusses the current and upcoming data privacy regulations in the EU and how they will impact data driven marketing. It notes that the current EU privacy directives are over 20 years old and no longer fit with modern technology and data practices. The EU is working on a new regulation to replace the directives and create a uniform set of privacy rules across all member states, but the process has been ongoing since 2012 and is still in progress. The new regulation is expected to further restrict data collection and use, require more explicit consumer consent, and impose higher penalties for noncompliance. It advises marketers to begin preparing for these changes to policies, processes, and systems.
CMR - GDPR - general introduction for marketeersThe CMR Agency
Some general information by The CMR Agency on GDPR - General European Protection Regulation - from a marketing perspective - meant for non-legal persons
This document summarizes a meeting that discussed European legal and privacy updates for data-driven marketing. It included presentations from the CEO of DMA Group and the co-chair of FEDMA on different privacy views in Europe and the need for proportionate and effective regulation through dialogue between industry and policymakers. Other topics discussed were the Data Protection Regulation's impact and how to prepare for the new law, including assessing what constitutes personal data, consent mechanisms, legitimate interest, and profiling activities. The future of marketing and why the industry should care about developments in Europe were also mentioned.
Gdpr compliance. Presentation for Consulegis Lawyers networkBart Van Den Brande
This document discusses the importance of GDPR compliance for law practices. It notes that the GDPR replaces the 1995 data protection directive and applies to any organization that collects or processes personal data. It affects most companies and law firms due to client and personnel databases. Compliance requires changes to business processes, database management, and designating a data protection officer. Non-compliance can result in fines of up to 20 million euro or 4% of global revenue. The document outlines trajectories for compliance from 2 days of work for sole practitioners up to many months for large corporations.
Fintech and Data Protection by Balint Halasz and Zoltan Tarjan 25 10 2016bhalasz
This document summarizes key topics from a presentation on data protection in FinTech, including:
- Data processing and legal issues in FinTech like profiling, credit scoring, and international data transfers.
- An overview of the upcoming GDPR and new requirements like increased penalties, data breach rules, and direct liability of processors.
- How profiling and big data are used in financial services for tasks like risk assessment, fraud detection, and customer analytics.
- Rights of data subjects related to profiling, automated decisions, and accessing processing logic/consequences.
- Requirements for privacy impact assessments when profiling poses high risks to individuals.
- Solutions for international data transfers under GDPR like Privacy Shield, standard contractual
There are new rules for Digital Marketing: any organisation selling to Customers in the EU must comply with the General Data Protection Regulation by 25 May 2018 or face fines up to 4% of global turnover. The laws apply to all organisations worldwide, no matter where they are incorporated. Businesses have just 2 years to comply.
The newsletter summarizes upcoming events hosted by the GRUIA DUFAUT Law Office, including presentations on legal frameworks for investments in Romania and labor law. It also provides summaries of new regulations regarding remote working, tax audits of individuals, and debt collection across the EU. Additionally, it announces that microenterprises can now opt for corporate tax instead of turnover tax and that the founder of the law office was appointed an ambassador for a program encouraging Romanian entrepreneurship. Finally, it discusses services available related to the new European General Data Protection Regulation taking effect in May 2018.
Gdpr compliance univ'air carslon wagon lit 5 oktober 2017Bart Van Den Brande
The GDPR will have a significant impact on travel and marketing industries beginning May 2018. It establishes much stricter rules around personal data processing and privacy. Non-compliance can result in fines up to 4% of annual global turnover or 20 million euros. Key changes include strengthened data subject rights, accountability requirements for all data processing, security obligations, and mandatory breach reporting. Companies need to audit all data practices and subcontractors to ensure compliance. Preparation may take 1-10 months depending on company size and complexity.
20150610 febelmar privacy matters eu regulationFebelmar
The document summarizes key issues from an EU regulatory perspective for the direct marketing industry. It discusses the Digital Single Market package, data protection and e-privacy regulations, and their potential impact on direct marketing. The GDPR negotiations are ongoing and aim to balance consumer and business interests, with implications including more explicit consent, strengthened profiling rules, and limited access to data for marketers.
The document summarizes key aspects of the upcoming General Data Protection Regulation (GDPR) that will impact companies processing personal data. It outlines new rules around security and internal processes, information obligations and rights of data subjects. Companies must be prepared to audit data usage, review contracts, update policies and train staff. Non-compliance could result in fines of up to 20 million euro or 4% of annual turnover.
The document discusses privacy laws regarding cookies in Belgium. Current privacy laws are ineffective due to a lack of unified EU rules. A new proposed EU regulation aims to strengthen privacy rights and harmonize rules across member states. Based on current Belgian law and EU guidance, websites are likely obligated to inform visitors about cookie use and obtain explicit opt-in consent prior to using non-functional or third-party cookies. Browser fingerprinting may also require consent under privacy laws. Non-compliance could result in legal consequences.
Legal changes in marketing automation require compliance with GDPR and data export regulations. Tools that export personal data outside the EU without proper safeguards like Google Analytics have come under increased scrutiny, as they violate GDPR. Marketers must choose tools and vendors carefully to ensure personal data is not exported unlawfully and that their marketing activities respect privacy rights.
The somewhat awkward marriage between digital marketing and data protection (...Bart Van Den Brande
Data protection and digital marketing seem hard to reconcile: cookie regulations, GDPR, ePrivacy, .... Seem to restrict marketing activities, but what if marketeers could learn to use data protection laws to gain consumer's trust and thus build a long term customer relationship...?
webinar for Fundraisers alliance Belgium as part of the 2 year GDPR online conference: GDPR, direct marketing and cookie compliance in fundraising based o nthe learning of 2 years of GDPR
The document lists top violators of data privacy laws in Europe with fines over 5 million Euros. Google was fined 50 million Euros for failing to provide information to a user about how their data is processed for ad personalization. Another company was fined 27.8 million for illegal surveillance of employees in Germany. Two other companies were fined a total of 35.2 million for data security failures that led to a cyber attack and compromise of customer information. The list further provides details of other privacy law violators and the fines imposed for reasons like aggressive telemarketing, unlawful direct marketing, and illegal data processing.
Nick Stringer - Five Key Things EU General Data Protection Regulation (GDPR) ...Nick Stringer
The EU General Data Protection Regulation (GDPR) aims to update existing EU data protection laws to reflect today's digital world, give citizens greater control over personal data, and streamline rules across EU markets. Key aspects of the GDPR include a broader definition of personal data, new obligations for transparency and accountability, tougher user consent requirements, and fines of up to 20 million euros or 4% of annual global turnover for non-compliance. The GDPR will apply directly in all EU markets from May 2018 and have global significance by applying to individuals located in the EU regardless of where data is processed.
20160518 if forum kennislunch: de ontwerpen van richtlijn en verordening van ...Bart Van Den Brande
Bespreking van de eerste ontwerpen van richtlijn en verordening van de Europese Commissie binnen het Digital Single Market pakket uit december 2015 en mei 2016 aangaande garantiebepalingen bij levering van goederen, levering van digitale inhoud, geo-blocking en discriminatie, transparantie aangaande kosten voor distributie van pakketten en grensoverschrijdende samenwerking bij beteugeling van inbreuken op consumentenrecht
20151030 Sirius Friday seminar: Legal aspecten van sociale media wedstrijdenBart Van Den Brande
Kansspelen, tombola's, loterijen, promotionele wedstrijden, ... Regels voor het organsieren van een wedstrijd op social media in België en onze buurlanden zonder juridische zorgen
Juridische aspecten van digital marketing - gastles HoGent 28 april 2015Bart Van Den Brande
Juridishce aspecten van privacy, spam, cookies, e-commerce,online wedstrijden, bescherming van intellectuele eigendom, vergelijkende reclame, gebruik van adwords, etc...
DDMA Data Driven Monday: Privacy law for data driven marketing and the regula...Bart Van Den Brande
This document discusses data privacy regulations in the EU and upcoming changes. It covers:
1) Current EU privacy law is based on directives from the 1990s that no longer fit today's data usage, and a new regulation is being drafted.
2) The new regulation may standardize rules across EU and strengthen enforcement with higher fines.
3) On cookies, EU law requires opt-in consent for any non-essential cookies, but guidance remains unclear as regulations are reviewed further.
Legal aspects of social commerce Sirius Legal at BDMA Legal Day 2015Bart Van Den Brande
This document summarizes the key legal challenges of mobile and social commerce. It notes that social selling, auctions, and reviews on social media and mobile devices now account for 75% of commerce. US social commerce sales are estimated to reach $15 billion in 2015 and $56 billion over time. Major platforms like Twitter and Amazon began introducing in-platform purchasing in 2014. However, distance sales and consumer protection regulations regarding information disclosure, return policies, and privacy apply equally to social and mobile commerce. Compliance can be challenging given format limitations of social media.
Sirius Friday seminarie nieuwe consumentenbescherming in e-commerce 20140228 ...Bart Van Den Brande
Nieuwe regels voor consumentenbescherming in e-commerce, ovezrzicht privacyverordening, het eenheidsstauut voor werknemers en het Europees eenheidsoctrooi
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
The Work Permit for Self-Employed Persons in Italy
Legal aspects of real time and trigger based marketing (privacy and cookies)
1. Sirius Legal
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
2. Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
2016’s Marketing buzz…
3. Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
2016’s Marketing buzz…
4. Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
2016’s Marketing buzz…
“dynamic, personalized content delivered across channels.”
“dynamic personalization”
“commercial and communication activities based upon the measurement of
relevant and identifiable changes in a customer's individual needs”
“trigger or event is defined as a detectable change in an Individual’s circumstances
5. Translated into Legal Speak
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
Measuring and defining triggers requires data
Gathering data = privacy law and cookie law
6. Translated into legal speak:
Data = Privacy & cookies…
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
EU Data Protection Directive 95/46/EC of 1995
Upcoming EU General Data Protection Regulation of 2016
EU E-privacy Directive 2002/58 of 2002
Upcoming EU E-privacy Directive
Belgian Privacy Law of 8 December 1992
Telecom law of 2014 on use of cookies
7. Privacy law…
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
Electronic processing
Personal data
Usually –but not always- for commercial purposes
EU Data Protection Directive 95/46/EC
E-privacy Directive 2002/58
8. Current Privacy Law
Based on EU Directive 95/46/EC
Transferred –differently- into national law by each member state
Set of rules dates back to nineties
Based on location of company and/or server
At the time most elaborate and progressive set of rules in the world
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
9. Current Privacy Law
Definition of personal data is very large
Cfr B2B vs B2C
ECJ 2015: Even IP address – browser history –information on
social media – payment history…
Impact on data collection for trigger based action is considerable
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
10. Impact on Real Time ad Trigger Based Marketing
All real time or trigger based action is based on data and profiling
Data collection is core – Same discussion as “previous” hype Big data
Considerable impact of privacy law
Almost all available data is ‘personal data’
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
11. Impact on Real Time and Trigger Based Marketing
Almost all available data is ‘personal data’
Classic data sources: “public data” – statistical data – private data
Fact that data is publicly available or accessible does not in itself justify collection
& treatment
Cfr: data available online remains “personal” data
Even at first sight “statistical” info (cfr heatmapping) can be “personal” data
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
12. Impact on Real Time and Trigger Based Marketing
Birthday – marriage – major life event
Order history – content of basket – heatmapping on site
Payment history
Browser history
Demographic data
Info on hobbies, preferences, interests, …
if linked, even indirectly, to individual = Are all –protected- personal data
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
13. Current Privacy Law
Actually straight and simple:
Basic rule = prior “opt-in” for all processing
Or implicite opt-in if “legitimate grounds” for processing
“Free and informed” opt-in
Transfer of data to third party = additionnal opt-in
Cfr. Analytics tools, apps, cookies, database enrichment through mailings
and actions, …: always opt-in
Cfr. also social media content
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
14. Impact on Real Time ad Trigger Based Marketing
Prior opt-in is not always present
Existing client relationship vs. Prospects
“Legitimate grounds”
Law does not define “legitimate grounds” (Privacy Commission: “cfr CRM”)
Justification for profiling = compare interests of profiler and data subject
Information duty: client should know what data is being processed and why
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
15. Current Privacy Law
Rights of data subjects
opposition – access – correction – information
Obligations of data processor
Information – opt-in – data security – (export)
Information duty: client should know what data is being processed and why
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
16. Future Privacy Law
2016 – 2017
Regulation in stead of Directive – 1 law for 28 states
Work in progress since 2012
Agreement reached in December 2015
Signature to be expected in Spring 2016
Into force end of 2017
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
17. Future Privacy Law
Heavily influenced by consumer protection activists in EP
Result:
Consumer friendly, but serious restraints for direct marketing sector, e-
commerce sector and especially real time and trigger based marketing and
(big) data processing
Full trainings by BDMA and by Sirius Legal to follow this spring
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
18. For all services offered in EU (even free services)
Personal data = also online identifiers, “pseudonymous data”
Direct marketing can be a legitimate interest
Information obligation (icons)
Right not to be submitted to profiling
Warning obligations in case of data breach
Right to be forgotten
Consent for children
“Data protection by design”
“Data protection officer”
Sanctions: up to 4% of yearly turnover or 20 million euro
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
Future Privacy Law
19. Impact on Real Time ad Trigger Based Marketing
Right not to be submitted to profiling
“right not to be subject to a decision based solely on automated processing,
including profiling, which produces legal or other significant effects concerning
him or her.”
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
20. Impact on Real Time ad Trigger Based Marketing
Right to object to further processing
“Where personal data are processed for direct marketing purposes, the data
subject shall have the right to object at any time to the processing of personal
data concerning him or her for such marketing, which includes profiling to the
extent that it is related to such direct marketing.
Where the data subject objects to the processing for direct marketing
purposes, the personal data shall no longer be processed for such
purposes.”
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
21. Impact on Real Time ad Trigger Based Marketing
Consent for children
The regulation requires parental consent for individuals of less
than 16 years.
Member States are allowed to foresee other limits between the
age of 13 and 16.
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
22. Prepare for the new Regulation
Follow up on discussion (eg through our website www.siriuslegal.be)
Start review vendor contracts (in view of data security obligation)
Start to prepare for full update of policies, contracts, business processes
Put in place data breach notification procedure
Appoint (temporary) data security officer
Put in place impact assessment and/or risk analyses policy
Create compliance statements for annual business reports
Train staff
Sit back and wait for final text of regulation for final details…
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
23. Cookies
EU e-privacy directive 2002/58/EC
Belgium: article 129 in Telecomwet since October 2012
Already under review in upcoming e-privacy directive
Legal update in e-commerce
Unizo Ondernemersforum 3 september 2015
24. Cookies
Basic principle:
Always obtain opt-in before use of any
technique to place or extract data from user
device (much broader than cookies)
Exception: strictly functional cookies
Legal update in e-commerce
Unizo Ondernemersforum 3 september 2015
25. Cookies
Opt-in should be
Free (i.e. also visit website without opt-in)
Explicite (requires active consent fom website visitor)
Informed
Preceed any actual intervention (placing cookie,
fingerprinting, heatmapping, ….)
Revokable
Legal update in e-commerce
Unizo Ondernemersforum 3 september 2015
27. Cookies
Recommendation Privacycommissie 4 Feb 2015
• Implicite opt-in possible if visitor was
informed
• Visitor van revoke consent
• cookie-policy with info required
• Advertizers contract with website owner
required if re-use of data + mention in cookie
policy
• Analytics: no excemption, but limited privacy
risk in the eye of Privacy Commission
Legal update in e-commerce
Unizo Ondernemersforum 3 september 2015
28. Impact on Real Time ad Trigger Based Marketing
If cookies, markers, fingerprint, etc… used to collect data:
Mention on website
Detailed mention in cookie policy or privacy policy
Never without warning!
Never without consent!
Never after request to stop!
Real-time & trigger based direct marketing
BDMA, Brussels Stanhope Hotel, 25 February 2016
29. Media & advertisement law
Copyright - trademarks - datebase - software - knowhow
Travel & consumer protection
Tax & tax planning
IT, Internet & e-commerce
Privacy & cookies
Gambling & gaming
Sirius Legal
Media & advertisement law
IP law
Internet & e-commerce
Privacy & cookies
Gambling law
Travel & consumer protection
Commercial contracts
Corporate / taks / labour / real estate
bart@siriuslegal.be
www.siriuslegal.be
@BartVdBrande
Linkedin.com/in/bartvdb