Canadian Anti-Spam Law’s First Regulations Finalized
On March 7, 2012, the Canadian Radio-television Telecommunications Commission (CRTC) quietly registered its Electronic Commerce Protection Regulations (CRTC regulations) under legislation now widely, but still informally, known as Canada’s anti-spam law. The CRTC regulations — which were issued in final form without provision for further public consultation — are one of two sets of regulations, the other being those of Industry Canada (IC), which are preconditions to the implementation of the anti-spam law, which was originally adopted in December 2010 but is not yet in force. …
ANALYSIS: European Court Of Justice’s Landmark Ruling That Internet Service Providers May Not Be Ordered To Filter Their Networks
In a long-awaited ruling, the European Court of Justice (“ECJ”) recently held that an injunction imposed on an internet access provider (“IAP”) 1 requiring it to install a general filtering system amounts to a general monitoring obligation, which is prohibited by Article 15(1) of the EU e-Commerce Directive (Scarlet Extended SA v. SABAM (Case C-70/10) ECJ, November 24, 2011) (see report at WDPR, December 2011, page 19).
European Commission’s Proposed Data Protection Regulation Calls for Big Fines, Right to Be Forgotten, Breach Notice
The European Union’s influential approach to regulating personal information underwent a sea change Jan. 25 with the release of the European Commission’sproposed data protection regulation…
Taiwan to Revise Customer Privacy, Security Trustmark Program for E-Commerce Sites
Business feedback on the first phase of Taiwan’s new customer privacy and data security trustmark program for e-commerce enterprises will be used to revise the program, the final version of which will be released in the first half of 2011, the Taiwanese government said in a Nov. 3 statement…
ANALYSIS: India’s Data Protection Rules And Their Impact On The Banking And Financial Services Industry
According to a report by global management consultancy McKinsey & Co., as many as 7 percent of bank account holders in India conduct banking transactions online, which represents a sevenfold jump since 2007, whereas branch banking has fallen by 15 percent…
ANALYSIS: European Data Protection Supervisor Tells European Commission To Get Back On Track Over Cookie Compliance
The revised e-Privacy Directive requires organisations running websites in most cases to obtain informed consent from users in order to store or retrieve information on users’ computers via cookies or similar technology…
ANALYSIS: The EU Article 29 Working Party Opinion On The Definition Of Consent: An Unambiguous View Of The Future
On July 13, 2011, the Article 29 Working Party published Opinion 15/2011 on the definition of consent (WP 187) for the purposes of processing personal data in the European Union…
ANALYSIS: New EU Rules Regarding Cookies: Member States’ Different Approaches To Implementation
Today’s electronic information and communication services are highly interactive, convenient to use and adjustable to personal needs…
ANALYSIS: The United Kingdom’s New Cookies Regime: Changes And Challenges
The UK Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 will finally come into force on May 26, 2011, modifying the legal landscape surrounding cookies…
ANALYSIS: UK ICO’s Advice on New EU Cookie Rule: Likely to Cause Heartburn?
On May 9, 2011, the United Kingdom’s Information Commissioner’s Office (ICO) published an “Advice” explaining the new rule for the use of cookie technologies for websites that are subject to U.K. laws…