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Preparing for the revised ePrivacy Directive 10 May 2012. Our Challenge . The revised EU ePrivacy Directive is part of a broader policy debate about privacy .
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Our Challenge The revised EU ePrivacy Directive is part of a broader policy debate about privacy. It is a debate about the evolution of the digital environment- and how it aims to benefit the citizen, business, government and the public sector. The UK has the most advanced internet economy in the world (Boston Consulting Group). We are the most advanced ‘digital citizens’ in the world (Ofcom). This continued success depends upon the use of data, enabling consumers to access tailored content, services and applications. But this must be used responsiblyandtransparentlyto empower the consumer.
What is the ePrivacy Directive? The revised EU ePrivacy Directive is part of a broader piece of European legislation – the EU Electronic Communications Framework. Implemented into UK law in May 2011 – the revised Privacy & Electronic Communications Regulations 2011. New law replaces ‘notice and opt out’ requirements for cookies and other technologies with a requirement to obtain informed consent. There is an exemption for when uses are “strictly necessary” for the service explicitly requested by the user (eg shopping baskets). Revised Directive needs to be implemented into the national laws of each EU country. Many haven’t done it yet – and there are also different transpositions.
What does it mean? The new law goes beyond advertising and impacts every organisation – big or small – doing business in a digital environment (online and mobile). It is not just about ‘cookies’. It applies to all technologies used to store / process information (on a user’s device). A strict interpretation (ie opt in) would have a detrimental impact upon the internet – to advertising, to publishing, to commerce, to consumers! The UK Government recognises that the new law is a “well meaning regulation that will be very difficult to work in practice”. It has adopted a pragmatic approach – enshrined in the ICO’s guidance. There are examples of good practice already out there…
So, what should you be doing? There are five key things that businesses should be doing in working towards compliance: Know what’s going on! Be clear and transparent. Deliver prominence. Context is king! Join the EU advertising self-regulation programme (icon etc). www.youronlinechoices.eu/goodpractice.html. You can see the full five step guide at: www.iabuk.net/blog/tackling-the-eprivacy-conundrum.
Thanks! nick@iabuk.net www.iabuk.net/policy www.twitter.com/nickstringer