Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-12-13-Speech-1-232"
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"en.20101213.21.1-232"2
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"Mr President, on behalf of the Commission and, in particular, Vice-President Reding, I want to thank the rapporteur for this valuable report analysing several key aspects concerning the influence of modern advertising and consumer behaviour. In order to find out how to best address the challenges arising from the development of the Internet and new technologies, the Commission has consulted widely on the existing legal framework for data protection throughout 2009 and 2010.
The consultations have confirmed that the underlying principles of the current EU data protection legislation are still very much valid. However, it became equally clear that the EU needs a more comprehensive and more coherent approach in its policy for personal data protection for the EU and beyond. As a consequence, on 4 November, the Commission adopted a communication on a comprehensive approach on personal data protection in the European Union.
Online advertising delivers many benefits to European citizens, in particular, by giving them free access to services. Many of the targeting techniques – display, contextual and certain search-related adverts, etc. – do not involve any tracking and are not a subject of major concern. My colleague, Vice-President Neelie Kroes, has called on the industry to establish a self-regulatory framework for online behavioural advertising based on the EU legal framework and the four principles of effective transparency, an appropriate form of affirmation or consent, user friendliness and effective enforcement. The Commission will monitor the industry’s efforts to assess whether more regulatory action is necessary.
As regards advertising emails and the confidentiality of communications, the telecoms reform adopted a year ago strengthened and clarified the EU privacy rules. It also created a clear obligation for Member States to enact dissuasive sanctions and to ensure that the competent authorities have not only the necessary powers to enforce them but are also provided with appropriate resources. The Member States have until May 2011 to transpose these provisions into national law.
The Commission acknowledges that there are certain differences in the transposition of the Unfair Commercial Practices Directive between the Member States. The Commission considers that such differences, some of which the Commission is solving through cooperation with the Member States, are marginal, and that the desired level of harmonisation seems to have been attained.
The use of general clauses gives some leeway to the Member States but ensures, at the same time, that the directive is future-proof. In this connection, the guidance on the application of the Unfair Commercial Practices Directive is one of the initiatives taken by the Commission to make sure that full harmonisation is effective; in other words, to ensure that the same rules are interpreted and applied in the same manner in the Member States. As suggested by the draft report, we will definitely continue our work on the guidance and update this document to take account of new issues and developments. The Commission is also developing a legal database on the legislation, jurisprudence and academic work which will foster uniform application of the directive in the Member States.
As regards the statements in relation to advertising in the form of comments posted on social networks, forums and blogs, it is important to note that, whenever consumers acting on behalf of a trader and/or are in any way financed by a trader to make certain representations without this being made clear in the opinion or statement, this is actually covered by the Unfair Commercial Practices Directive as a form of hidden advertising. As far as mere opinions are concerned, these, of course, do not qualify as advertising.
In this connection, the Commission considers that marketing legislation is not the most adequate instrument, as it is a matter of freedom of expression. The directive nevertheless contains specific safeguards concerning vulnerable consumers. Age is a factor which national authorities must take into account when assessing the fairness of a practice. The report on the application of the Unfair Commercial Practices Directive, which is due in 2011, will build on the Member States’ experience, including in the field of advertising to children and adolescents, to the extent the data on this aspect will be available."@en1
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