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.
Vanaf 25 mei 2018 moeten alle (Magento webshops) in Europa aan de nieuwe regelgeving van de Algemene Verordering Gegevensbescherming (AVG) of GDPR (General Data Protection Regulation (GDPR) voldoen. Wat betekent dit voor Magento webshops? Een analyse door Reach Digital.
Nederlands artikel op https://reachdigital.nl/blog/checklist-algemene-verordering-gegevensbescherming-AVG-GDPR-Magento-webshops
CEE CMS Data Protection webinar series - Part 1CMSLondon
This webinar aims to provide you with an overview of the various national personal data protection frameworks that exist in CEE, particularly in Bulgaria, Czech Republic, Hungary, Poland, Romania, Russia, Slovakia, and Ukraine. CMS have provided legal assistance in each of these jurisdictions for many years.
CEE CMS Data Protection webinar series - Part 2CMSLondon
This document summarizes a webinar on data protection held on April 2nd, 2014. It covered several topics: demystifying big data and the privacy issues it raises; ensuring cookie compliance; rules around security breaches; hot topics in workplace privacy like bring your own device policies and whistleblowing; and an overview of the draft EU Data Protection Regulation. The webinar provided guidance on these issues and emphasized the need for organizations to review their policies and practices to ensure compliance. It also noted ongoing negotiations around the EU regulation and implications for the future of data protection.
This document provides an overview of trends and issues from the Information Commissioner's Office (ICO), including key statistics on Data Protection Act (DPA) complaints and enforcement actions. Common data protection failures seen by the ICO include a lack of training, inadequate policies and procedures, and failure to implement appropriate technical solutions like encryption. The ICO has a range of regulatory and enforcement options, including civil monetary penalties (CMPs), with a framework that considers the seriousness, aggravating/mitigating factors, financial impact, objectives, and consistency with past cases. An example CMP of £50,000 issued to Amber UPVC Fabrications Ltd is described.
This document provides a summary of a presentation on data protection law and the proposed EU Data Protection Regulation. Key points from the proposed regulation discussed include expanded definitions of personal data, the requirement for explicit consent, the right to be forgotten, increased accountability and security breach notification requirements, more sanctions for non-compliance, and the direct coverage of data processors. Impacts on practices like profiling, use of IP addresses and cookies, and responding to access requests are also covered. The presentation provides timelines for the regulation and discusses lobbying efforts regarding the proposals.
Agenda 21 eu cookie seminar - david naylor - field fisher waterhouseagenda21
The document discusses the new EU cookie regime and data protection laws. It provides three key points:
1. The new laws require express consent from users before storing or accessing any personal information like cookies on their devices. Consent needs to be informed with clear disclosures about data collection and use.
2. Websites and apps need to assess what data they collect and determine if consent is needed based on the purpose and sensitivity of that data. More intrusive practices like persistent third-party cookies require express consent.
3. To comply, companies should enhance their privacy disclosures, implement strategies for obtaining user consent, use less intrusive data practices where possible, and oversee third-party data collection on
General Data Protection Regulation for OpsKamil Rextin
A brief on GDPR & Hubspot for Marketing & Marketing Ops.
This PPT provides a brief background on GDPR & how to implement GDPR compliance with Hubspot , Facebook & Google Analytics
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.
Vanaf 25 mei 2018 moeten alle (Magento webshops) in Europa aan de nieuwe regelgeving van de Algemene Verordering Gegevensbescherming (AVG) of GDPR (General Data Protection Regulation (GDPR) voldoen. Wat betekent dit voor Magento webshops? Een analyse door Reach Digital.
Nederlands artikel op https://reachdigital.nl/blog/checklist-algemene-verordering-gegevensbescherming-AVG-GDPR-Magento-webshops
CEE CMS Data Protection webinar series - Part 1CMSLondon
This webinar aims to provide you with an overview of the various national personal data protection frameworks that exist in CEE, particularly in Bulgaria, Czech Republic, Hungary, Poland, Romania, Russia, Slovakia, and Ukraine. CMS have provided legal assistance in each of these jurisdictions for many years.
CEE CMS Data Protection webinar series - Part 2CMSLondon
This document summarizes a webinar on data protection held on April 2nd, 2014. It covered several topics: demystifying big data and the privacy issues it raises; ensuring cookie compliance; rules around security breaches; hot topics in workplace privacy like bring your own device policies and whistleblowing; and an overview of the draft EU Data Protection Regulation. The webinar provided guidance on these issues and emphasized the need for organizations to review their policies and practices to ensure compliance. It also noted ongoing negotiations around the EU regulation and implications for the future of data protection.
This document provides an overview of trends and issues from the Information Commissioner's Office (ICO), including key statistics on Data Protection Act (DPA) complaints and enforcement actions. Common data protection failures seen by the ICO include a lack of training, inadequate policies and procedures, and failure to implement appropriate technical solutions like encryption. The ICO has a range of regulatory and enforcement options, including civil monetary penalties (CMPs), with a framework that considers the seriousness, aggravating/mitigating factors, financial impact, objectives, and consistency with past cases. An example CMP of £50,000 issued to Amber UPVC Fabrications Ltd is described.
This document provides a summary of a presentation on data protection law and the proposed EU Data Protection Regulation. Key points from the proposed regulation discussed include expanded definitions of personal data, the requirement for explicit consent, the right to be forgotten, increased accountability and security breach notification requirements, more sanctions for non-compliance, and the direct coverage of data processors. Impacts on practices like profiling, use of IP addresses and cookies, and responding to access requests are also covered. The presentation provides timelines for the regulation and discusses lobbying efforts regarding the proposals.
Agenda 21 eu cookie seminar - david naylor - field fisher waterhouseagenda21
The document discusses the new EU cookie regime and data protection laws. It provides three key points:
1. The new laws require express consent from users before storing or accessing any personal information like cookies on their devices. Consent needs to be informed with clear disclosures about data collection and use.
2. Websites and apps need to assess what data they collect and determine if consent is needed based on the purpose and sensitivity of that data. More intrusive practices like persistent third-party cookies require express consent.
3. To comply, companies should enhance their privacy disclosures, implement strategies for obtaining user consent, use less intrusive data practices where possible, and oversee third-party data collection on
General Data Protection Regulation for OpsKamil Rextin
A brief on GDPR & Hubspot for Marketing & Marketing Ops.
This PPT provides a brief background on GDPR & how to implement GDPR compliance with Hubspot , Facebook & Google Analytics
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.
This is a slightly modified version of a presentation that I gave to fellow lawyers last week. It explains what GDPR is, the policy of data protection and the evolution of data protection legislation from the OECD Guidelines and Council of Europe Convention to the GDPR. It explores the regulation focusing on the data protection principles and, in particular, the lawfulness requirement and the validity of consent. The presentation mentions the Law enforcement data protection directive, the Data Protection Bill and the arrangements post Brexit. Finally, it considers the preparations recommended by the Information Commissioner for small busiesses
Impact of GDPR on the pre dominant business model for digital economiesEquiGov Institute
A brief description of the impact the General Data Protection Regulation (GDPR) could have on the proposed move towards a digital economy, especially for the Caribbean
Données à caractère non personnel, donnée anonyme ou donnée pseudonyme, comment les distinguer ?
Comment mettre en place l’anonymisation des données à caractère personnel ?
Traitement de données à caractère non personnel : quelles sont les règles à respecter en matière de localisation, de disponibilité et de portage des données ?
RGPD et règlement établissant un cadre applicable au libre flux des données à caractère non personnel dans l’UE : Quid en cas de traitement “mixte” de données ?
par Eléonore COLSON, Fanny COTON et Jean-Noël COLIN,
Professeur à l’UNamur.
Web Marketing Wednesday Ottawa Oct 12th 2011Antoine Gay
This document summarizes an analytics implementation for a large multinational building materials company. It discusses:
1) The company's need to improve worker health/safety, manager efficiency, and maintain its #1 position.
2) Its communication team managed web analytics but lacked analytical maturity.
3) The proposed analytical solutions including training, basic reporting, a tagging audit/recommendations, and quarterly insights with a dedicated consultant.
4) The implementation improved the intranet's tagging plan to better analyze key sections like business tools and health/safety.
This document summarizes key points from a presentation about proposed changes to the EU's Data Protection Regulation. It discusses expanded definitions and new requirements for consent, data breaches, subject access requests and more. Consent would need to be explicit under the new rules. IP addresses and cookies may be defined as personal data, affecting digital marketing. Data subjects could request deletion of data. Organizations would face stricter security rules and larger fines for noncompliance. The impact on direct marketing could be significant.
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.
Blake lapthorn In House Lawyer forum - 11 Sept 2012Blake Morgan
The document provides an overview of key data protection concepts including:
1) Recognizing personal data and the definition under UK law. Personal data includes identifiable information like names, addresses, and opinions about individuals.
2) Data sharing principles for both public and private sector organizations, including having a lawful basis and sharing securely and transparently.
3) Rules around transferring personal data overseas, including ensuring an adequate level of protection in the recipient country.
4) Regulations around electronic marketing, requiring consent to send unsolicited emails and ways to obtain valid consent.
2017 09 13_VOKA The Big Refresh - GDPR - IFORIKarel Holst
The document provides an overview of the General Data Protection Regulation (GDPR) from a legal perspective. It summarizes the key changes and obligations under the GDPR, including expanded territorial scope, strengthened rights for data subjects, requirements for controllers and processors, data security measures, data breach notification, and increased administrative fines for noncompliance. The presentation emphasizes that organizations should take action to ensure compliance with the GDPR, which applies starting May 25, 2018.
This document provides an overview of the General Data Protection Regulation (GDPR) from a legal perspective. It discusses key changes and obligations under the GDPR, including territorial scope, lawfulness of processing, rights of data subjects, roles of controllers and processors, data security requirements, and sanctions for noncompliance. The GDPR aims to strengthen and harmonize data protection across the EU by directly applying in all member states and ensuring free flow of personal data. It applies from May 25, 2018 and organizations should take action now to ensure compliance.
The document provides an overview of the General Data Protection Regulation (GDPR). It discusses key aspects of GDPR such as what it is, who it applies to, lawful bases for processing data, data subject rights, and steps for achieving compliance. Specifically, GDPR is a new EU privacy law that gives more control to individuals over their personal data and imposes fines on companies that don't comply. It applies broadly to any organization that handles EU citizens' data.
GDPR ed Explainable AI - Intelligenza Artificiale e Regolamento Europeo sulla...Pietro Calorio
Brief of the panel @ CLB Fest 2018 Torino, with Daniele Magazzeni, Marco Ciurcina and Pietro Calorio.
Video (in Italian): https://www.youtube.com/watch?v=K2WCyu2uEsI
https://www.clbfest.it
https://www.youtube.com/channel/UCJKU28AkcvbcyLLoyNF2Emw/featured - https://legalhackers.org/clbfest2018/
This document provides an agenda and summaries for a legal update event on data protection hosted by Pinsent Masons. The event will cover the current position of the EU Draft Data Protection Regulation and potential changes, consumer rights legislation, and ICO guidance on direct marketing. Speakers will discuss the impact of these regulations and guidance on businesses, including increased compliance obligations, sanctions for non-compliance, and restrictions on data processing and direct marketing. The event aims to help businesses understand and prepare for new data protection laws and regulations.
Presentation on GDPR which is not technical, nor product specific, focusing on manufacturing industry and providing a non expert view on what the regulation is all about.
Targeted to Senior Management who has a direct responsibility on the treatment (direct or indirect) of personal data.
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.
The document discusses the EU General Data Protection Regulation (GDPR), which took effect in May 2018. It provides the following key points:
- The GDPR replaced the previous EU data protection directive and directly applies across all EU member states. It aims to give individuals more control over their personal data.
- Key aspects of the GDPR include expanded territorial reach, requirements for data protection officers, increased accountability and privacy by design principles, strengthened rights for data subjects, and larger maximum fines for noncompliance.
- Companies need to review their data processing activities, legal bases for processing, consent mechanisms, security, breach response plans, and privacy notices to ensure compliance with the extensive new obligations and standards introduced by the GD
The document discusses key priorities for boards to consider regarding implementation of the General Data Protection Regulation (GDPR). It provides an overview of the new requirements under GDPR, including expanded individual data rights for EU citizens, increased fines for noncompliance, and broader territorial scope. The document advises boards to ensure proper oversight of their organization's GDPR compliance programs, including regular reporting on status, audits, investigations and market developments. Directors could face liability for failing to oversee GDPR compliance risks.
Have you missed the deadline with your GDPR preparedness?
If you're struggling to get caught up with compliance, this short presentation can help you focus on the key things you'll need to consider and do.
Read more at our blog post here: https://privacypolicies.com/blog/prepare-gdpr/
EU General Data Protection Regulation - Update 2017Cliff Ashcroft
This free Lasa webinar looks at why data protection is important in a digital world, and what practical things charities and civil society organisations can do to prepare for when the EU General Data Protection Regulations come into force in May 2018.
It is vital charities use the next 12 months to understand their new responsibilities and put the required processes in place.
Our webinar gives you the opportunity to ensure you are prepared for what’s to come by putting your #GDPR questions to our data protection expert and published author, Paul Ticher.
Lasa does lots more charity tech help and advice - find out more at: Twitter: @lasaict
Acknowledgements:
Lasa actively promotes and supports the Way Ahead – Civil Society at the Heart of London. See www.citybridgetrust.org.uk/publications/way-ahead/
This webinar is supported by the City of London Corporation's charity, City Bridge Trust. www.citybridgetrust.org.uk
The document discusses upcoming changes to UK cookie laws that will take effect on May 26, 2011. The key changes are that websites will now need to obtain active consent from users to store cookies on their computers, rather than just providing an opt-out. Websites will need to audit which cookies they use, how they are used, and obtain consent through clear, interactive methods to comply with the new law. Non-compliance could result in fines up to £500,000. Websites should focus on prioritizing cookies that require consent based on their necessity and privacy implications.
The document provides an overview of the EU General Data Protection Regulation (GDPR) through a series of 20 questions and answers. Some of the key points covered include how the GDPR will have a single set of rules across the EU, the large fines companies could face for non-compliance, new data subject rights and consent requirements, obligations around international data transfers, data breaches, and the roles and guidelines of new regulatory bodies.
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 is a slightly modified version of a presentation that I gave to fellow lawyers last week. It explains what GDPR is, the policy of data protection and the evolution of data protection legislation from the OECD Guidelines and Council of Europe Convention to the GDPR. It explores the regulation focusing on the data protection principles and, in particular, the lawfulness requirement and the validity of consent. The presentation mentions the Law enforcement data protection directive, the Data Protection Bill and the arrangements post Brexit. Finally, it considers the preparations recommended by the Information Commissioner for small busiesses
Impact of GDPR on the pre dominant business model for digital economiesEquiGov Institute
A brief description of the impact the General Data Protection Regulation (GDPR) could have on the proposed move towards a digital economy, especially for the Caribbean
Données à caractère non personnel, donnée anonyme ou donnée pseudonyme, comment les distinguer ?
Comment mettre en place l’anonymisation des données à caractère personnel ?
Traitement de données à caractère non personnel : quelles sont les règles à respecter en matière de localisation, de disponibilité et de portage des données ?
RGPD et règlement établissant un cadre applicable au libre flux des données à caractère non personnel dans l’UE : Quid en cas de traitement “mixte” de données ?
par Eléonore COLSON, Fanny COTON et Jean-Noël COLIN,
Professeur à l’UNamur.
Web Marketing Wednesday Ottawa Oct 12th 2011Antoine Gay
This document summarizes an analytics implementation for a large multinational building materials company. It discusses:
1) The company's need to improve worker health/safety, manager efficiency, and maintain its #1 position.
2) Its communication team managed web analytics but lacked analytical maturity.
3) The proposed analytical solutions including training, basic reporting, a tagging audit/recommendations, and quarterly insights with a dedicated consultant.
4) The implementation improved the intranet's tagging plan to better analyze key sections like business tools and health/safety.
This document summarizes key points from a presentation about proposed changes to the EU's Data Protection Regulation. It discusses expanded definitions and new requirements for consent, data breaches, subject access requests and more. Consent would need to be explicit under the new rules. IP addresses and cookies may be defined as personal data, affecting digital marketing. Data subjects could request deletion of data. Organizations would face stricter security rules and larger fines for noncompliance. The impact on direct marketing could be significant.
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.
Blake lapthorn In House Lawyer forum - 11 Sept 2012Blake Morgan
The document provides an overview of key data protection concepts including:
1) Recognizing personal data and the definition under UK law. Personal data includes identifiable information like names, addresses, and opinions about individuals.
2) Data sharing principles for both public and private sector organizations, including having a lawful basis and sharing securely and transparently.
3) Rules around transferring personal data overseas, including ensuring an adequate level of protection in the recipient country.
4) Regulations around electronic marketing, requiring consent to send unsolicited emails and ways to obtain valid consent.
2017 09 13_VOKA The Big Refresh - GDPR - IFORIKarel Holst
The document provides an overview of the General Data Protection Regulation (GDPR) from a legal perspective. It summarizes the key changes and obligations under the GDPR, including expanded territorial scope, strengthened rights for data subjects, requirements for controllers and processors, data security measures, data breach notification, and increased administrative fines for noncompliance. The presentation emphasizes that organizations should take action to ensure compliance with the GDPR, which applies starting May 25, 2018.
This document provides an overview of the General Data Protection Regulation (GDPR) from a legal perspective. It discusses key changes and obligations under the GDPR, including territorial scope, lawfulness of processing, rights of data subjects, roles of controllers and processors, data security requirements, and sanctions for noncompliance. The GDPR aims to strengthen and harmonize data protection across the EU by directly applying in all member states and ensuring free flow of personal data. It applies from May 25, 2018 and organizations should take action now to ensure compliance.
The document provides an overview of the General Data Protection Regulation (GDPR). It discusses key aspects of GDPR such as what it is, who it applies to, lawful bases for processing data, data subject rights, and steps for achieving compliance. Specifically, GDPR is a new EU privacy law that gives more control to individuals over their personal data and imposes fines on companies that don't comply. It applies broadly to any organization that handles EU citizens' data.
GDPR ed Explainable AI - Intelligenza Artificiale e Regolamento Europeo sulla...Pietro Calorio
Brief of the panel @ CLB Fest 2018 Torino, with Daniele Magazzeni, Marco Ciurcina and Pietro Calorio.
Video (in Italian): https://www.youtube.com/watch?v=K2WCyu2uEsI
https://www.clbfest.it
https://www.youtube.com/channel/UCJKU28AkcvbcyLLoyNF2Emw/featured - https://legalhackers.org/clbfest2018/
This document provides an agenda and summaries for a legal update event on data protection hosted by Pinsent Masons. The event will cover the current position of the EU Draft Data Protection Regulation and potential changes, consumer rights legislation, and ICO guidance on direct marketing. Speakers will discuss the impact of these regulations and guidance on businesses, including increased compliance obligations, sanctions for non-compliance, and restrictions on data processing and direct marketing. The event aims to help businesses understand and prepare for new data protection laws and regulations.
Presentation on GDPR which is not technical, nor product specific, focusing on manufacturing industry and providing a non expert view on what the regulation is all about.
Targeted to Senior Management who has a direct responsibility on the treatment (direct or indirect) of personal data.
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.
The document discusses the EU General Data Protection Regulation (GDPR), which took effect in May 2018. It provides the following key points:
- The GDPR replaced the previous EU data protection directive and directly applies across all EU member states. It aims to give individuals more control over their personal data.
- Key aspects of the GDPR include expanded territorial reach, requirements for data protection officers, increased accountability and privacy by design principles, strengthened rights for data subjects, and larger maximum fines for noncompliance.
- Companies need to review their data processing activities, legal bases for processing, consent mechanisms, security, breach response plans, and privacy notices to ensure compliance with the extensive new obligations and standards introduced by the GD
The document discusses key priorities for boards to consider regarding implementation of the General Data Protection Regulation (GDPR). It provides an overview of the new requirements under GDPR, including expanded individual data rights for EU citizens, increased fines for noncompliance, and broader territorial scope. The document advises boards to ensure proper oversight of their organization's GDPR compliance programs, including regular reporting on status, audits, investigations and market developments. Directors could face liability for failing to oversee GDPR compliance risks.
Have you missed the deadline with your GDPR preparedness?
If you're struggling to get caught up with compliance, this short presentation can help you focus on the key things you'll need to consider and do.
Read more at our blog post here: https://privacypolicies.com/blog/prepare-gdpr/
EU General Data Protection Regulation - Update 2017Cliff Ashcroft
This free Lasa webinar looks at why data protection is important in a digital world, and what practical things charities and civil society organisations can do to prepare for when the EU General Data Protection Regulations come into force in May 2018.
It is vital charities use the next 12 months to understand their new responsibilities and put the required processes in place.
Our webinar gives you the opportunity to ensure you are prepared for what’s to come by putting your #GDPR questions to our data protection expert and published author, Paul Ticher.
Lasa does lots more charity tech help and advice - find out more at: Twitter: @lasaict
Acknowledgements:
Lasa actively promotes and supports the Way Ahead – Civil Society at the Heart of London. See www.citybridgetrust.org.uk/publications/way-ahead/
This webinar is supported by the City of London Corporation's charity, City Bridge Trust. www.citybridgetrust.org.uk
The document discusses upcoming changes to UK cookie laws that will take effect on May 26, 2011. The key changes are that websites will now need to obtain active consent from users to store cookies on their computers, rather than just providing an opt-out. Websites will need to audit which cookies they use, how they are used, and obtain consent through clear, interactive methods to comply with the new law. Non-compliance could result in fines up to £500,000. Websites should focus on prioritizing cookies that require consent based on their necessity and privacy implications.
The document provides an overview of the EU General Data Protection Regulation (GDPR) through a series of 20 questions and answers. Some of the key points covered include how the GDPR will have a single set of rules across the EU, the large fines companies could face for non-compliance, new data subject rights and consent requirements, obligations around international data transfers, data breaches, and the roles and guidelines of new regulatory bodies.
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
EU GDPR Lesson 1 - What is the GDPR? Why do we need it?
EU GDPR Lesson 2 - Data Protection by Design and by Default
EU GDPR Lesson 3 - The Right To Be Forgotten
EU GDPR Lesson 4 - Who Does the EU GDPR Apply?
EU GDPR Lesson 5 - What Happens if I Don’t Comply with the EU GDPR?
EU GDPR Lesson 6 - Next Steps - How to Get There?
Over the past few years of monitoring the development of the EU General Data Protection Regulation (GDPR) and its effects on technology, we’ve distilled the parts of the regulation that most affect your business into this practical guide.
This document provides an overview of key aspects of data protection regulations in the UK following Brexit, including the General Data Protection Regulation (GDPR) and UK Data Protection Act 2018. It discusses the core principles of protecting personal data and individual rights, requirements around transparency, lawful processing of data, accountability, data transfers abroad, and the effects of the UK leaving the EU on data protection regulations.
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.
Cookie consent is a legal requirement that mandates websites to obtain visitors’ consent before placing cookies on their devices. Consent is obtained via a cookie banner that enables visitors to accept or decline cookies on the website.
Your website must provide users based in Europe with the ability to manage the activation of cookies and trackers that collect personal data. To comply with the strict cookie laws, it is very important for businesses to get it right as cookies are subject to robust data rules.
In this blog post, we’ll cover the most critical points to understand regarding the EU’s GDPR, cookies, and data privacy compliance on your website and how Seers’ consent management platform (CMP) takes care of them all.
Data protection & security breakfast briefing master slides 28 june-finalDr. Donald Macfarlane
The document summarizes an IBM breakfast briefing on data protection, security, and regulatory updates. The briefing covered the changing EU General Data Protection Regulations and implications for organizations, including increased fines for noncompliance. It also discussed practical strategies for organizations to build a culture of data protection compliance, including data discovery, classification, retention, and disposal. Speakers included experts from IBM, law firms, and other companies to discuss analytics and best practices to help organizations adhere to new rules and regulations.
Data Protection & Security Breakfast Briefing - Master Slides_28 June_finalDr. Donald Macfarlane
The document summarizes an IBM breakfast briefing on data protection, security, and regulatory updates. The briefing covered the changing EU General Data Protection Regulations and implications for organizations, including increased fines for noncompliance. It also discussed privacy rights for individuals, such as the "right to be forgotten" and access to their own data. The briefing addressed how analytics can help adhere to new rules and regulations.
This document provides an overview of the General Data Protection Regulation (GDPR). It discusses what personal data is, the rights to privacy and data protection under the GDPR and European law. It explains that the GDPR applies broadly to any company that processes personal data of EU residents, regardless of location. Companies have obligations around obtaining permission for data processing, providing transparency around data usage, implementing security measures, and designating a data protection officer if required. The GDPR aims to better protect privacy and give individuals more control over their personal data.
What's Next - General Data Protection Regulation (GDPR) ChangesOgilvy Consulting
The General Data Protection Regulation is the biggest change to the law on data in years. This webinar features Vicky Brown, Deputy General Counsel at WPP, and Paul King, Head of Data at OgilvyOne discussing what it is, why it matters and what companies are doing.
E-commerce Berlin Expo 2018 - How GDPR Will Affect Your Ecommerce TechnologyE-Commerce Berlin EXPO
Petr Svoboda CEO & Founder Shopsys
The EU’s General Data Protection Regulation becomes enforceable starting May 25, 2018. Petr Svoboda, the CEO of Shopsys, will share all the know-how of implementing GDPR compliance into tens of leading e-commerce sites. The presentation will cover: Protection of user data in today’s digital era; data subject/controller/processor relationship; obligations and customizations (customer rights, privacy policy consent); other recommended customizations; and the most important takeaways.
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.
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
Legal aspects of real time and trigger based marketing (privacy and cookies)Bart Van Den Brande
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1. Privacy & cookies
The Reference CRM inspiration day 2013
Bart Van den Brande
Advocaat – partner
Sirius Legal advocaten
www.siriuslegal.be
bart@siriuslegal.be
@BartVdBrande
3. Short update on privacy
Current Situation
Current privacy directive (including Belgian privacy law of 1992 based on that directive) is no longer
effective
No unified rules between member states
Lack of control over big player (a.o. Ireland has very liberal rules)
Basic principle of server location or company location is no longer relevant in cloud computing era
Potential loss of business due to ineffective legal system: 2,3 billion euro/year according to EU
4. Short update on privacy
Basic principles of Belgian privacy law of 8 December 1992
There is no general “right to privacy”
Definition of personal data is very broad
Prior opt-in required for all data collecting and processing
“Free and informed” opt-in
Separate opt-in for data transfer to third party
Demand of opt-in by “data controller” (as opposed to “data processor”)
Declaration at privacy commission required in most cases
(online at www.privacycommission.be, cost is 25 euro)
Limited exceptions (if processing is unavoidably needed)
5. Short update on privacy
Basic principles of Belgian privacy law of 8 December 1992
Individual’s rights
Right to refuse
Right to access and correct
Right to oppose to future processing
Right to be informed (through privacy policy)
6. Short update on privacy
Proposal of new EU regulation
Regulation ≠ directive: uniform rules througout entire EU
Work in progress since 2012
First draft text released in May 2013
Currently being amended and voted by committees
LIBE Committee voted on 21 October 2013 (civil liberties, justice and home affairs)
Next steps: Agreement of Counsel of Ministers and Commission is sought
If no agreement, Plenary vote in EU Parliament in April 2014 (?)
7. Short update on privacy
Main objectives
One stop shop throughout EU
Greater hamonization
Strengthening individual rights
Less administrative burden
More effective enforcement of rules
8. Short update on privacy
Main principles
Applicable to anyone offering services on the EU territory (LIBE: “even free services”)
Personal data = any data allowing identification, including online identifiers, “pseudonymous data”
Consent has to be given explicitely (LIBE: “purpose limited”)
Extended information obligation (LIBE: use of standard icons)
9. Short update on privacy
Main principles
Obligation to notify data subjects and authorities of data breach (LIBE: “without undue delay”)
“Data protection by design” and “data protection impact assessment”
“Data protection officer” if + 250 employees, with obligation to document processes (LIBE: “or +5000
data subjects processed over last 12 months”)
Cross border data transfer: current system to remain in force for 5 more years
Sanctions: LIBE: up to 5% of annual sales or 100 million
10. Short update on privacy
Main principles
Right of erasure
Right of data portability
Prohibition against profiling
Article 29 Working party (advisory body) replaced by European Data Protection Board (official body)
11. Short update on privacy
Practical tips (if nothing changes)
Stay up to date with regulation drafts
Review notice forms, consent forms, privacy policies, data controller/data processor contracts
Implement data breach notification readiness
Implement data processing documentation system
Data protection by design and data protection by default
Conduct data processing impact assessment
Pseudonimize/Anonymize/encrypt data where possible to escape stringent rules
Secure personal data adequatly
13. One last time:
the truth about cookies
Again with the cookies?
Tools like Kméléo:
Remarketing/OBA tools
Do not use cookies
Read out users browser history just before page landing
Display advertisements based on that browsr history
Claim not to use personal data
Claim to escape cookie regulations
14. One last time:
the truth about cookies
So yes, once last time again with the cookies
16. A bit of background
What are cookies?
A cookie is a small amount of data generated by a website and saved on your
computer by your web browser.
Its purpose is to remember information about you, similar to a preference file created
by a software application.
Why all the fuss about cookies?
In one word: privacy…
17. A bit of background
What are cookies?
first party cookies
vs.
placed by website
functional cookies
placed by Google Analytics or ad brokers
vs.
log-in, registration, language
permanent cookies
remain present
third-party cookies
non-functional cookies:
statistics, remarketing, OBA
vs.
session cookies
erased after surfing session
19. A bit of background
The legal small print
EU e-privacy directive 2002/58/EC
Obligation for member states to adapt national law before end 2012
Belgium: new article 129 in Telecom law since October 2012
20. A bit of background
The legal small print
“De opslag van informatie of het verkrijgen van toegang tot informatie die reeds is opgeslagen in de eindapparatuur van een abonnee of
een gebruiker is slechts toegestaan op voorwaarde dat :
1° de betrokken abonnee of gebruiker, overeenkomstig de voorwaarden bepaald in de wet van 8 december 1992 tot bescherming van de persoonlijke
levenssfeer ten opzichte van de verwerking van persoonsgegevens, duidelijke en precieze informatie krijgt over de doeleinden van de verwerking en
zijn rechten op basis van de wet van 8 december 1992;
2° de abonnee of eindgebruiker zijn toestemming heeft gegeven na ingelicht te zijn overeenkomstig de bepalingen in 1°.
Het eerste lid is niet van toepassing voor de technische opslag van informatie of de toegang tot informatie opgeslagen in de eindapparatuur
van een abonnee of een eindgebruiker met als uitsluitend doel de verzending van een communicatie via een elektronische- communicatienetwerk uit te
voeren of een uitdrukkelijk door de abonnee of eindgebruiker gevraagde dienst te leveren wanneer dit hiervoor strikt
noodzakelijk is. De toestemming in de zin van het eerste lid of de toepassing van het tweede lid, stelt de verantwoordelijke voor de verwerking niet vrij
van de verplichtingen van de wet van 8 december 1992 tot bescherming van de persoonlijke levenssfeer ten opzichte van de verwerking van
persoonsgegevens die niet opgelegd worden in dit artikel.
De verantwoordelijke voor de verwerking biedt de abonnees of eindgebruikers gratis de mogelijkheid om op eenvoudige wijze de gegeven
toestemming in te trekken.“
21. A bit of background
The legal small print
Belgian law does not contain any further details on
How to warn and inform
How to obtain opt-in
How to enable opt-out
Who is responsible
Law is vague, unclear and leaves room for interpretation
Entire sector is waiting for clear guidelines from Privacy Commission or BIPT/IBPT
22. A bit of background
The legal small print
Meanwhile
EU standpoint is clear (directive + declarations commissioners Kroes and Reding)
“Working Party 29” standpoint is clear (Belgian Privacy Commission is part of WP29)
Neighbouring countries regulations are clear
24. What does this mean for you?
By deduction:
Functional first party cookies (language, shopping cart, settings, password, technical):
No need to obtain opt-in, but obligation to inform (e.g. in privacy policy)
Non-functional cookies or third party cookies (remarketing and OBA, Google Analytics, …):
Obligation to inform prior to placing cookies
Obligation to obtain explicit opt-in prior to placing cookies
Possibility to opt-out in future
26. What does this mean for you?
So, by deduction:
Opt-in has to be
Free of obligation (i.e. be able to visit website even without opt-in)
Explicite (requires active intervention of visitor)
Informed (requires prior information of visitor)
Given before any cookie is installed
Revocable
27. What does this mean for you?
So, by deduction:
From a practical point of view
Information on use of cookies, type of cookies used, aim of cookies (in privacy policy)
Clear warning upon first visit + link to information
Clear free choice for visitor to opt-in or not (possibility of layered approach)
Clear information about opt-out possibility (in privacy policy)
28. What does this mean for you?
So, by deduction:
Pop-up?
Splash screen?
Warning in banner or footer?
“Implicite opt-in”?
All seem acceptable as long as active decision by visitor is required and free choice is
guaranteed (this excludes “by visiting this website you accept…”)
32. What does this mean for you?
Oh, and also:
If cookie is used to store and/or process personal, prior opt-in under privacy law is
required on top of cookie warning and privacy law applies…
This means
Declaration at privacy commission
Right to access, correct and oppose
Obligation of information through privacy policy
No transfer of data outside EU, unless under very strict conditions
Warning: almost all data is personal data, including IP address, browser history, any
data that might allow to identify someone directly or indirectly
34. What does this mean for you?
Consequences of cookie law
Not very effective
Disturbing for visitor
Loss of traffic and/or data for websites
35. What does this mean for you?
Consequences of cookie law
Trying to escape cookie law obligations
Alternative solutions sought
Browser fingerprinting (Kméléo and others)
Web beacons
36. What does this mean for you?
Browser fingerprinting
Does not use cookies
Reads out users browser history just before page landing
Displays advertisements based on that browser history
Claims not to use personal data
Claims to escape cookie regulations
37. What does this mean for you?
Browser fingerprinting
Unfortunately, article 129 Telecom law is quite clear:
“De opslag van informatie of het verkrijgen van toegang tot informatie die reeds is opgeslagen in de
eindapparatuur van een abonnee of een gebruiker…”
38. What does this mean for you?
Browser fingerprinting
Unfortunately, article 129 Telecom law is quite clear:
“De opslag van informatie of het verkrijgen van toegang tot informatie die reeds is opgeslagen in de
eindapparatuur van een abonnee of een gebruiker…”
As is the Working Party 29’s advise 1/2008 (doc 00737/NL WP 148), which confirms
that browser history data should be considered personal data under privacy law
39. What does this mean for you?
Browser fingerprinting
Consequently, even if no cookie is placed, but data from a visitor’s computer is in any
way collected, accesed or analysed, prior consent is required.
This includes browser fingerprinting, web beacons, plugins, …
40. What does this mean for you?
And what if I do not comply?
42. What does this mean for you?
International context
As many laws as there are member states
All differ slightly, definitions vary, opt-in requirements vary, …
Problem: as soon as you target audience in one member state, local authorities will
claim te be competent (e.g. local extension, local language, local content, …)
Need to comply to most stringent legal systems seems to be the consequence
43. What does this mean for you?
International context
Working Party 29 advise of October 2013:
Basis for pan-European cookie requirements
Carefull: this is only an advise
44. What does this mean for you?
International context
Working Party 29 advise of October 2013:
Opt-in should concern only cookies (not combine privacy or direct marketing)
Opt-in should occur prior to placing or activating cookie
Opt-in requiers active decision (which may show through decision to continue visit to
website)
Opt-in should be free and may be layered
Visit to website has to be possible without opt-in (although this seems to exclude “by
visiting you accept…”?)
Explicite warning from WP29 for tracking cookies: if personal data is collected, prior
and separate opt-in for data processing is required
45. Specific questions? Need quick advise?
www.campaignchecker.be
Sirius Legal Campaign Checker service
Specific service for (digital) agencies, advertizers, sweepstake organizers, website
owners, …
Quick legal check of campagne, campagne site, landing page, …
Pragmatical and useable advise
Online available
First contact within 1 hour
Advise within 24 hours
Fixed price: 300 euro
46. Specific questions? Need quick advise?
www.campaignchecker.be
All questions concerning:
copyright
trademarks
Comparative advertising
Consumer protection rules
Contests, sweepstakes, lotteries
Privacy and cookies
Direct marketing actions and member-get-member actions
Actions via social media, respect for Facebook rules and guidelines, …
Viral actions
47. Need more elaborate help for your website?
www.websitecertifier.be
Sirius Legal Website Certifier service
Extensive legal check of websites and webshops
Full analyses of website set up, legal documents and disclaimers, legals mentions,
communication towards visitor/consumer
Analyses document
Changes to legal texts where needed or draft of general terms, disclaimer, privacy
policy and cookie policy
2 languages NL/FR or NL/UK included
Fixed price: 650 euro
First contact withing 1 hour
Full report withing 5 business days
48. Need more elaborate help for your website?
www.websitecertifier.be
Check includes
Obligatory mentions for all websites
Privacy law and cookies for all websites
Respect for market practices and consumer protection in e-commerce (pricing,
delivery, 14 day cooling down period, sales) – comparative and misleading
advertisement and information of consumers
Set up of your sales process in e-commerce
Content of your general terms of sale or use in e-commerce, auction sites, discussion
forums
49. Privacy & cookies
The Reference CRM inspiration day
2013
Bart Van den Brande
Advocaat – partner
Sirius Legal advocaten
www.siriuslegal.be
bart@siriuslegal.be
@BartVdBrande