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By Peter Carey and Eduardo Ustaran
This unique work is the first and only practitioner's guide to consider how data protection and privacy law affect electronic commerce and business practice.
Providing vital compliance advice for any company doing business electronically or handling information relating to individuals, this practical manual is accompanied by a CD-Rom containing useful precedents including website privacy policies, code of conduct for email and Internet use, data processing agreements and standard clauses for international data transfers.
E-Privacy and Online Data Protection will answer a number of your clients' questions, including:
- Does my website gather data in an effective and legal way?
- Can I lawfully send marketing emails and other communications to my customers and prospective customers?
- What does 'fair and lawful processing' of data entail?
- How will the Information Commissioner's Employment Codes affect my business?
- How can I minimise liability for staff misuse of email?
This work also analysis EC Directives and how they are regulating privacy and data protection on the Internet as well as considering law and practice in other jurisdictions such as Australia, Canada and the USA. Particular consideration is given to the 'safe harbour' framework, developed by the US Department of Commerce and approved by the EU to provide certification for US businesses to comply with EU privacy laws.
E-Privacy and Online Data Protection will act as a tool for practitioners who advise website owners and distributors on compliance with their legal obligations. It is an essential work for IT, e-commerce data protection and privacy practitioners and will be of great value to al professions and businesses dealing in e-commerce.
1. Introduction to privacy law:-
- What is privacy?
- Significant privacy case law
- Statutory framework
- United States privacy law
2. The acquisition of customer information:-
- First contact
- Fair and lawful processing - the 'fair collection' notice
- User registration page - obtaining consent
- User registration page - requesting excessive data
- Sensitive personal data
- M-Commerce and location data
- Privacy policies
- Acquiring customer databases
- Jusridictional issues
3. Managing privacy on-line:-
- The Data Protection Principles
- Legitimising personal data processing
- The notification system
- Subject access rights
- Automated decisions
- The right to demand cessation of processing
- Rectification, blocking, erasure and destruction
- Data retention
- Disclosure of data to third parties
- Appointing a privacy officer
- The role of the Information Commissioner
- Sanctions for breaching the Data Protection Act 1998
- UK Websites Study
4. Electronic direct marketing:-
- Legitimising direct marketing
- The information requirements
- The 'fair obtaining' requirements
- Case law
- Using sensitive personal data in direct marketing
- The right to prevent direct marketing
- Direct marketing using telecommunications systems
- The preference services
- Banner advertisements
- Unsolicited e-mails ('spam')
- Checklists for websites
5. Using others to process data:-
- Outsourcing personal data processing
- The nature of a data processor
- Choice of processor
- Processor versus controller
- The need for a written contract
- Other obligations of the controller
- Foreign data processors
- Data retention
6. Location of server and data exports:-
- The nature of the export ban
- Transfers to which the ban is irrelevant
- Getting around the ban
- Contractual solutions
- Safe Harbor
- United States transfers - contract or Safe Harbor?
- Codes of Conduct
- Checklist for websites
7. E-surveillance at work:-
- Website monitoring
- Communications policies
Precedents (13 precedents)