The European Commission proposed today a series of measures that will bring EU data privacy rules in line with the latest technology developments of the digital age. Separately, it also unveiled a package to reduce barriers for providing services across borders that would benefit open services economies like the UK.
A new draft Regulation that will be directly applicable if adopted by the European Parliament and the Council of ministers will guarantee the privacy of Europeans’ personal data and communications on platforms like Facebook, voice services like Skype or in instant messaging.
Under the new rules consent will be required to access information on a user’s device – the so-called terminal equipment. Users also need to agree to websites using cookies or other technologies to access information stored on their computers or to track their online behaviour. The proposal clarifies that no consent is required for non-privacy intrusive cookies, for example cookies needed to remember shopping cart history.
Today’s proposal bans unsolicited electronic communication by any means – emails, SMS and in principle also by phone calls if users have not given their consent. Member states may opt for a solution that gives consumers the right to object to voice-to-voice marketing calls by, for example, registering their number on a do-not-call list. Marketing callers will need to display their phone number or use a special pre-fix that indicates a marketing call.
The Commission also presented a set of tools for international transfers of personal data which will guarantee that the latest EU data privacy protection is respected.
Separately, the Commission also put forward a package of measures to reduce barriers and cut costs for businesses providing services across borders. Services represent about 80% of the UK economy, the UK has a trade surplus in services with the rest of the EU and its services economy is already relatively open, so British business would be well placed to benefit.
In essence, the new measures cover four areas. First, if national Ministers meeting in the Council and the European Parliament agree, a new “e-card system” will provide a one-stop shop for providers of a wide range of services to register in their own country to provide services abroad, though the host country will decide on whether applications are accepted, in line with EU and national law. Healthcare, legal services, transport and certain other sensitive types of service where additional controls are warranted will not be eligible.
Second, the Commission is proposing that member states should undertake a proportionality test before introducing new national rules on the provision of certain professional services. This is analogous to the impact assessments routinely done by the European Commission before it proposes any new EU rules. The aim is to prevent unnecessary obstacles to qualified people from one EU Member State providing services in another. Again this proposal will take effect only if the European Parliament and Council approve it.
Third, the Commission is publishing non-binding guidance to Member States on how regulation in professional services can be improved.
Finally, the Commission is asking MEPs and Ministers to vote to beef up an existing procedure where EU member states notify each other and the Commission of new national rules on services.
