1. EU Data Protection Legislation
Risks and Opportunities
October 16, 2012
IAB Romania Forum

2. Agenda
 Risks: key provisions of the proposed legislation
› possible consequences
 Opportunities: what can we do?
› ways to influence the process
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3. Risks: key provisions
 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
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4. Possible consequences
 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
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5. Opportunities: what can we do?
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
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6. Thank you!
sherwooc@yahoo-inc.com