Proposed Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector
New development:
Proposed Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector
Background:
Unsolicited commercial email ("spam") has increasingly troubled EU regulators, but up until this proposal, all EU directives affecting the practice have given EU member states ("MS") the option of allowing a more permissive "opt-out" regime for this form of marketing. In other words, MS may decide on a system whereby spam is permitted so long as it is not sent to individuals who have indicated that they do not wish to receive it. This contrasts with "opt-in," where prior consent is needed before any email marketing communication can be sent. Accordingly all three of the Distance selling, E commerce, and Distance selling of financial services directives allow opt-in or opt-out. This has resulted, however, in a patchwork quilt of differing rules across Europe, in other words precisely the position EU directives and regulations were designed to preclude. For instance, Austria, Belgium, Denmark, Finland, Germany and Sweden have either plumped already or look like plumping for opt-in, whilst France, Netherlands, Spain and the UK look like going for opt-out.
What will change:
This new proposed Directive, one of five "e-directives" published by the European Commission in July 2000 and designed to streamline European regulation across all electronic media, is designed, in part, to remove these discrepancies. So far so good, but the bad news for emarketers is that the directive proposes the same regime as that already laid down for unsolicited faxes, namely a mandatory "opt-in" for unsolicited commercial e mail throughout the Union.
Timetable:
The MS are expected to adopt a common position before the end of 2000, which could see the new rules, assuming lobbyists are unsuccessful in changing them, in force before then of 2002.
What happens next:
The European Parliament is expected to adopt its first reading of the draft in Autumn 2000.
