On Aug. 26, 2011, France issued a new ordinance that modifies the French Data Protection Act of 1978, the French Postal and Electronic Communications Code, and the French Consumer Protection Code to comply with the Directive by requiring an opt-in.
Suggested Approaches for Compliance
- Companies should closely monitor the further discussions between the IABA/EASA and the EU data protection authorities regarding online advertisements and placing cookies on a computer. Although the ICO and the WP have both rejected the use of standard (default) browser settings for obtaining consent, the possibility exists that these tools could be sufficiently updated to allow users to give the active and informed consent necessary under the new regulations and to protocol such consent. By contrast, the new French ordinance apparently allows individual consent to be obtained through user-controlled settings on an electronic device.
- Website operators should be mindful that a solution in one EU member state may not necessarily work in another member state. Therefore, monitoring the legal developments and discussions within the EU and within the relevant member states is highly advisable.
If you have any questions or concerns as to how your business should address the Directive and the national laws and regulations in the EU, please contact one of the lawyers listed below.
For further information about the subject matter of this alert, please contact the lawyers listed below:
Dr. Axel Spies, Rechtsanwalt, Of Counsel, Telecommunication, Media & Technology Group
firstname.lastname@example.org, 202.373.6145 or +49.69.677766.0
James G. Snell, Co-chair, Privacy and Security Group