e-Communications directive: MEPs vote on cookie compromise

Finally, at the time of writing it was still not clear whether these provisions would be subject to a further requirement that the marketing be for a "similar product" to that in relation to which the customer's details were originally gathered. If this restriction is included, it will undoubtedly lead to uncertainty for businesses about just how "similar" the new product advertised needs to be to avoid breaching the legislation. The practice of disguising or concealing the identity of the sender of unsolicited communications , or failing to provide an address to request that such communications cease, will also be prohibited. Telesales, fax and automated calling systems: the status quo with regard to marketing by these methods remains unchanged, i.e, they may only be used to contact an individual with his or her prior consent. Data retention: the Directive will allow Member States to pass national laws obliging service providers to retain communications data -- such as traffic and billing information -- for fixed time periods for law enforcement purposes. This aspect of the Directive also proved controversial, with both the privacy lobby and the telecoms industry pressing for restrictions on governmental powers in this regard. The compromise position means that any national data retention measures must be "necessary, appropriate and proportionate" to safeguard national security or combat crime. In practical terms, service providers in the UK must wait for the draft Code of Conduct under the Anti-Terrorism, Crime and Security Act 2001, expected to be release for consultation this summer, to have a clear picture of exactly what data they will be required to hold on to, and for how long. Other issues: the wide-ranging Directive also gives individuals the right to determine the extent to which their personal details appear in public directories. Sanctions: at this stage, it remains to be seen what the deterrent for breaching these provisions will be. It will be left to Member States to set the sanctions for breaches of the new legislation. Next steps for online businesses
Arguably, the new Directive represents a change of emphasis rather than a change in the substance of data protection obligations. The Directive still needs to be formally adopted by the European Council (this expected to happen during the summer) and Member States will then have until the end of 2003 in which to implement the new measures. There may be some scope to lobby the UK government for a business-friendly interpretation of some of the detailed points in the Directive, and for any sanctions to be moderate. Nevertheless, businesses need to address the changes now, both to ensure their channels are compliant and to ensure that valuable customer databases are not rendered worthless for future campaigns. If you would like a more detailed analysis of how the new legislation will impact upon your business, please contact Marc Dautlich The information contained in this bulletin is intended as a general overview of the subjects featured and detailed specialist advice should always be taken before taking or refraining from taking any action.
Have your say instantly in the Tech Update forum. Find out what's where in the new Tech Update with our Guided Tour. Let the editors know what you think in the Mailroom.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

5 hours ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

13 hours ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

14 hours ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

15 hours ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

17 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

18 hours ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

20 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

20 hours ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

20 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

21 hours ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

23 hours ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

1 day ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

1 day ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

1 day ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

1 day ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

1 day ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

1 day ago by bdantas on A tale of two distros: Ubuntu and Linux Mint
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

1 day ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

1 day ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Moley

For Gnome 2 die-hards, it is possible to add icons to the bottom panel (or top top panel, if you prefer) which provide the exact Gnome 2...

1 day ago by Moley on A tale of two distros: Ubuntu and Linux Mint