Lex specialis: the ePrivacy Regulation
Posted: Sun Dec 22, 2024 6:55 am
The Wbp is the Dutch implementation of the European Directive on the Protection of Personal Data (95/46/EC) and has been in force since 1 September 2001. In addition, the cookie law was introduced in 2012; in fact a tightening of the Telecommunications Act, article 11.7a. The cookie law required prior consent for placing cookies or otherwise storing personally identifiable data. This led to the use of cookie bars and cookie walls as we know them today. In 2015, the cookie law was relaxed, whereby functional cookies and analytical cookies were excluded from the need for prior consent under certain conditions.
Why the GDPR?
The GDPR came into effect on 25 May 2016 with the agreement that it would not be enforced until two years later, on 25 May 2018. This created a transition period between the current Wbp and the GDPR. The GDPR expands privacy rights, places more responsibility on organisations that collect and process personal data and offers supervisors stronger enforcement options. As a supervisor, the Dutch Data Protection Authority has the option of imposing hefty fines, among other things. These can amount to €20,000,000 or 4 percent of the global annual turnover for serious violations (whichever is higher).
gdpr network
In addition to the GDPR, there is a so-called 'lex specialis'. This is a specific legislation that provides more clarity on how the General Data Protection Regulation should be interpreted: the ePrivacy Regulation. The ePrivacy Regulation specifies how the confidentiality of the content of electronic communication data should be guaranteed. The ePrivacy Regulation was originally supposed to enter into force at the same time as the GDPR on 25 May 2018. However, in December us phone number list 2017, the European Parliament decided to postpone it, which means that at the time of writing it is unclear when exactly the regulation will enter into force. This has created a kind of vacuum, making it difficult to determine how the Dutch Data Protection Authority as a supervisory authority will interpret the law. To the letter, or with some pragmatic leeway? Until there is case law, this uncertainty will remain in many areas.
It is not inconceivable that the new ePrivacy Regulation will be relaxed further in the coming months. Such relaxation could lead to the possibility, under certain conditions, of tracking data for functional and analytical purposes at an aggregated level without explicit consent. For the time being, however, the starting point for digital marketers should be that opt-in/opt-out is required for all forms of tracking.
Important legal aspects of the GDPR
As a (digital) marketer, it is important to be aware of the ethical and legal aspects of your field. Not least because violations of the law can also have serious (financial) consequences. We therefore list some important legal aspects of the GDPR for you.
3 roles for stakeholders
The GDPR distinguishes in principle three different roles for data subjects in the processing of personal data. Namely.
Why the GDPR?
The GDPR came into effect on 25 May 2016 with the agreement that it would not be enforced until two years later, on 25 May 2018. This created a transition period between the current Wbp and the GDPR. The GDPR expands privacy rights, places more responsibility on organisations that collect and process personal data and offers supervisors stronger enforcement options. As a supervisor, the Dutch Data Protection Authority has the option of imposing hefty fines, among other things. These can amount to €20,000,000 or 4 percent of the global annual turnover for serious violations (whichever is higher).
gdpr network
In addition to the GDPR, there is a so-called 'lex specialis'. This is a specific legislation that provides more clarity on how the General Data Protection Regulation should be interpreted: the ePrivacy Regulation. The ePrivacy Regulation specifies how the confidentiality of the content of electronic communication data should be guaranteed. The ePrivacy Regulation was originally supposed to enter into force at the same time as the GDPR on 25 May 2018. However, in December us phone number list 2017, the European Parliament decided to postpone it, which means that at the time of writing it is unclear when exactly the regulation will enter into force. This has created a kind of vacuum, making it difficult to determine how the Dutch Data Protection Authority as a supervisory authority will interpret the law. To the letter, or with some pragmatic leeway? Until there is case law, this uncertainty will remain in many areas.
It is not inconceivable that the new ePrivacy Regulation will be relaxed further in the coming months. Such relaxation could lead to the possibility, under certain conditions, of tracking data for functional and analytical purposes at an aggregated level without explicit consent. For the time being, however, the starting point for digital marketers should be that opt-in/opt-out is required for all forms of tracking.
Important legal aspects of the GDPR
As a (digital) marketer, it is important to be aware of the ethical and legal aspects of your field. Not least because violations of the law can also have serious (financial) consequences. We therefore list some important legal aspects of the GDPR for you.
3 roles for stakeholders
The GDPR distinguishes in principle three different roles for data subjects in the processing of personal data. Namely.