Showing posts with label European Commission. Show all posts
Showing posts with label European Commission. Show all posts

Tuesday, March 21, 2017

European Commission asks Facebook, Twitter and Google+ to comply with EU consumer rules

European Commission asks Facebook, Twitter and Google+ to comply with EU consumer rules
Image Credits: Reuters
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Media reports last week indicated that the European Commission was on the verge of making social networks amend their terms of service to comply with European Union (EU) regulations. EU consumer authorities and the European Commission have met with the representatives of Facebook, Twitter and Google to discuss proposed solutions.
The European Commission has given the companies one month to finalise their proposals, after which the authorities will review them. The companies stand to face enforcement action if the final proposals are not satisfactory.
The companies have agreed to amend unfair terms of service, as well as take measures to protect consumers from frauds and scams that are perpetrated through the social networks. The social networks have been directed to ensure that the users can sue the companies in their respective states of residence, and it is illegal for the terms of service to deprive users of the right to take the companies to court. The social media companies also cannot deprive users of mandatory rights, such as the right to withdraw from an online purchase.
Social media companies cannot totally exclude themselves from the liability of providing adequate performance of the service. Sponsored content has to be easily identifiable as such, and cannot be hidden. The companies cannot change the terms of service without giving a notice period to users to withdraw from the contract if they choose to, and without providing clear reasoning behind the changes. The social media companies cannot have complete discretionary powers on the removal of content.
The social networks have been ordered to establish a direct channel of communication with consumer protection authorities. The channel will be used to alert the social networks of scams and frauds on the networks. The networks are required to pull down such content as and when they become aware of the misleading content.
Misleading discounts, fake promotions, free apps with hidden costs, are some of the kinds of content that the EU wants to protect its users from. Sale of counterfeit products through social networks has also been banned.

Thursday, November 3, 2016

EU-US Privacy Shield data transfer agreement under scrutiny by privacy advocacy groups

EU-US Privacy Shield data transfer agreement under scrutiny by privacy advocacy groups

(Image credit: Getty Images)
A new EU-U.S. pact governing the transfer of personal data faces a second legal challenge, putting the details of the deal which underpins billions of dollars of transatlantic trade in digital services under further scrutiny. French privacy advocacy group La Quadrature du Net, non-profit Internet service provider French Data Network and its Federation FDN industry association have now challenged the adoption of the Privacy Shield pact by the European Commission at the Luxembourg-based General Court, following in the steps of Irish group Digital Rights Ireland.
The Privacy Shield agreement was reached earlier this year after the European Union’s highest court struck down the previous Safe Harbor Principles used by companies to enable them to transfer Europeans’ personal data to the United States, due to concerns about intrusive U.S. surveillance of online data. The new agreement gives businesses storing Europeans’ data on U.S. servers – from human resources information to people’s browsing histories and hotel bookings – an easy way to do so without falling foul of tough EU private data transfer rules.
More than 500 companies have signed up to Privacy Shield so far, including Google, Facebook and Microsoft, while over 1,000 are being processed by the U.S. Department of Commerce. The agreement seeks to strengthen privacy protections for EU citizens by giving them a means of seeking redress in the case of disputes, including through a new privacy ombudsman within the State Department who will deal with complaints from Europeans about U.S. spying.
But the objectors say that restrictions on U.S. surveillance activities – in particular the bulk collection of data and the purposes for which the data can be used – are inadequate and therefore the Privacy Shield agreement should be annulled. Under EU law companies or individuals may challenge EU acts before the EU courts if they are directly concerned within two months of the act coming into force, otherwise they have to go through national courts, a process which takes longer.
However both challenges face a strong risk of being declared inadmissible if the court finds that the associations are not directly concerned. In their challenge the French groups say that the U.S. ombudsman is not an effective mechanism for dealing with complaints. “The fact that it relies on so-called ‘independent’ instruments is in no way sufficient to consider it an independent judicial entity,” they said.
A spokesman for the European Commission, which negotiated the Privacy Shield with Washington, said it was aware of the new complaint. “We don’t comment on ongoing court cases. As we have said from the beginning, the Commission is convinced that the Privacy Shield lives up to the requirements set out by the European Court of Justice, which have been the basis for the negotiations,” Christian Wigand said.
The U.S. Department of Commerce did not respond to questions about the second challenge.
Reuters

Sunday, October 2, 2016

Qualcomm to attempt to fight EU antitrust charges during a hearing in November

Qualcomm to attempt to fight EU antitrust charges during a hearing in November

U.S. chipmaker Qualcomm will attempt to fend off EU antitrust charges at a hearing on Nov. 10 that it used anti-competitive methods to squeeze out a rival, two people familiar with the matter said on Friday. The European Commission may take Qualcomm’s arguments at the hearing into account in the
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