DATA PROTECTION AND MARKETING LEGISLATION IN EUROPE AND THE UNITED STATES


Compiled by a group of industry experts, this 300-page reference work covers 21 European countries (Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Netherlands, Norway, Poland, Romania, Slovenia, Spain, Sweden, Switzerland, United Kingdom) and the United States.  The information is divided into 22 chapters – one for each country – and is structured identically under four main headings and numerous sub-headings (see below).


Data Protection Laws and Regulation

Data Protection Laws:
Major Current Data Protection Laws
National Data Protection Agency (DPA) contact details
Extent of DPA’s Assistance with Enquiries
Registration of marketing lists with the Data Commission
Expected time duration for registering marketing lists with the Data Commission:
Registration costs

Non Sensitive/Sensitive Information
Common legal grounds for the processing of (non-sensitive) personal data for marketing purposes
How ‘consent’ is exercised by the data subject
Implied consent
Consent by data subject is required when using the following communication media:
Sensitive Data: Required form of consent for the processing of sensitive data
Types of data considered “sensitive”, apart from race, religion, politics, sexual interests, health, and trade union memberships
Electronic Communication and the Opt-in
Definition: soft opt-in for electronic communications
Rules on electronic communication for B-to-B marketing purposes, specified by subject:

Purposes
Purposes
Generic terms

Notifying when Collecting Data
Wording for collecting data
Do the purposes for processing personal data have to be given only to prospective clients or also each time an existing client is approached?
Opt-out
Do you have to offer the opt-out each time when approaching the customer?

Data Storage
Data confidentiality clause
Time limits on holding data

Transfers of data between companies
Model clauses to govern the rules

Transfer of data to non-EU countries
Procedure for transferring data to non-EU countries
Security of data
Costs associated with security of data
Protection for database owners

Penalties
National penalties which the national DPA can apply
Penalties for breaching the rules on unsolicited electronic communications for: Email
Penalties for breaching the rules on unsolicited electronic communications for: SMS
Penalties for breaching the rules on unsolicited electronic communications for: MMS

Online Collection & Processing of Data
Additional rules for on-time collection of data on the internet
Access and rectification of data
Codes of Practice & Preference Services (Robinson Lists)


Consumer Protection Legislation

Distance selling
Information to be provided before a sale
Delivery
Legal Cooling-off period where the product can be returned without costs
Products exempt from legal cooling off period
Forbidden forms of selling

Consumer credit
Consumer Credit laws
Time limitation on information
Special Payment Rules

Environment – Packaging & Goods
Recycling of Packaging rules
Recycling of Electrical Goods
Recycling of Returnable goods

Liability
Regulations limiting the carriers’ liability
Difference in rules between distance selling on-line and traditional off-line distance selling
Industry Codes of Conduct to protect the consumer
Special schemes to protect the consumer

Advertising restrictions
Time or space restriction for direct TV, radio or press ads
Self regulation
Products banned from advertising in the mass media
Products banned from advertising in DM

Competition and consumer policy
Competition protection and Consumer protection laws
Unfair competition rules of relevance to Direct Marketing
Main Competition Authorities

Sales promotion
Promotional techniques permitted, by subject:
Main regulations
Free gifts
Rules on competitions
Rules on discounts gap
Industry codes

Other regulations
Laws on language requirements to be used in contracts or in display media advertising


The Media

Telemarketing

Specific rules on outbound and inbound telemarketing
Environmental taxes

Call monitoring for quality control/training

Internet
National laws specifically on eCommerce
Rules to apply for the use of new media such as Bluetooth or other mobile messaging
Rules on the use of viral advertising


Trends in Legislation

____________________________________________________________
250 Euros/£200/$395 per copy, excluding 6% VAT & postage
Publication date: June 2008Format: A4
N° of pages: 302 pages



2007 Data Protection & Marketing Legislation in Europe and the United States.
European Study Service
43 avenue Paola
1330 Rixensart
Belgium

Phone: 0032 2 652 02 84
Fax: 0032 2 653 01 80
E-mail: nigel.hunt@skynet.be