In a rare show of Euro efficiency, most EU states look set to implement the Directive on Privacy and Electronic Communications virtually on time. For the status in all 15 EU states courtesy of Osborne Clarke and the Global Advertising Lawyers’ Alliance.
THE EU DIRECTIVE 2002/58/EC ON PRIVACY AND ELECTRONIC COMMUNICATIONS
Implementation snapshot as of 9 July 2003
Osborne Clarke and the Global Advertising Lawyers’ Alliance
Austria | Belgium | Denmark | Finland | France | Germany | Greece | |
Draft laws published? | Yes | No | Yes | Yes | Yes | Yes | No |
If not, when? | N/A | Sept 2003 | N/A | N/A | N/A | N/A | No indication |
Estimated implement-ation date | Sept 2003 | Dec 2003 | 25th July 2003 | 31 Oct 2003 | Autumn 2003 | Before Oct 2003 | 2005-2006 |
Ireland | Italy | Luxem-bourg | Nether-lands | Portugal | Spain | Sweden | United Kingdom | |
| Draft laws published? | No | No | Yes | Yes | No | No | Yes | Yes |
| If not, when? | July 2003 | By 31 Oct 2003 | N/A | N/A | October 2003 | Not imminently | N/A | N/A |
| Estimated implement-ation date | 31 Oct 2003 | Dec 2003 | Dec 2003 (?) | Oct 2003 (?) | December 2003 (?) | No indication | 25th July 2003 | 31 Oct 2003 |
FIRST SURVEY SHOWS EUROPE PREPARING TO ACT AGAINST SPAMMERS
In a rare show of efficiency, the vast majority of EU member states look set to transpose the “anti spam” Directive in double quick time, according to a first survey amongst specialist marketing lawyers across all 15 states.
The survey was conducted by UK law firm Osborne Clarke with help from the international network of marketing lawyers, the Global Advertising Lawyers’ Alliance (“GALA”).
It indicates that no less than 13 of the 15 member states are set to transpose the Directive into their local laws by the end of 2003. The Directive itself requires implementation by 31 October 2003.
Stephen Groom, head of commercial communications law at Osborne Clarke, said “This shows real European commitment in the fight against mass untargeted commercial email. It also underlines the urgent need for responsible digital marketers to grasp the implications of the new law and seize the new opportunities it creates for legitimate permission marketing in the interactive arena.”
“Osborne Clarke is well placed to help that process” Groom continues “Our brand new “EmailSure” service, for example, offers a complete suite of solutions for all those looking to ensure that their digital marketing is compliant with applicable laws and codes. With our access to an unrivalled network of specialist marketing lawyers across Europe and beyond, we are uniquely positioned to provide global advice for a global medium.”
Contributors to the survey included Osborne Clarke, other GALA members and Molitor Fisch & Associates of Luxembourg.
For more information contact Osborn Clarke’s Stephen Groom on 0207 246 8078 or Stephen.groom@osborneclarke.com.
Further details of Osborne Clarke’s services to the marketing industry are at www.marketinglaw.co.uk
Details of the GALA members are at www.gala-marketlaw.com
For more information about Molitor, Fisch & Associes of Luxembourg go to www.mfa.lu
9 July 2003
