EU Data Protection Legislation

Risks and Opportunities

October 16, 2012

IAB Romania Forum

Risks: key provisions of the proposed legislation› possible consequences

Opportunities: what can we do? › ways to influence the process

Agenda

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Definition of personal data/data subject› Identifiability test› “online identifiers”

Consent› Explicit› Burden of proof› Significant imbalance› Cookies

Data portability› Consent or contract› Commission to develop technical standards› Interoperability?

“Right to be forgotten”› No new rights, just new obligations› Obligation to try to find anyone who might have copied data

Risks: key provisions

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If “all” data is personal If when you use consent, it must be explicit If you need to prove (record) that consent

Then…

“Logged in only” paradigm as a compliance strategy?› Reduce interruption of user experience, centralize consent clicks› Easier to identify users who have consented› Exclude users who haven’t

Problematic because:› Less anonymous surfing› More data held, in more identifiable form› Disadvantages 3rd parties and small brands› Advantages companies that already have large registered user bases› Brake on innovation

Possible consequences

You can make a BIG difference How this works

› European Parliament › National governments› The sooner you act, the better

Romania matters!!!› Members of the European Parliament› Justice minister

How to act?› Write, ask for meetings, do events, use the media› Empower your IAB!› Use IAB network

Keep it simple

Opportunities: what can we do?

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Thank you!

sherwooc@yahoo-inc.com