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Europaudvalget 2014-15 (1. samling)
KOM (2012) 0011 Bilag 12
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Ecommerce Europe is the association

representing

around

25,000

companies

Privacy and Transparency for Consumer

Trust and Consumer Centrality

selling products and/or services online to

consumers in Europe. Ecommerce Europe

is a major stakeholder in policy issues

concerning the Digital Single Market -

which experiences difficulties in the cross-

border coordination between Directorate-

Generals, Member States, and Members of

the

European

Parliament.

Ecommerce

Privacy and protection of personal data are key

drivers for trust in the e-commerce sector and

cross-border industry development. Consumer

trust is at the core of the e-commerce market,

and therefore the fair, safe and transparent use

and collection of data is key to the growth of

the industry. Recent technical developments in

information collection and analysis stimulate

business innovation and provide opportunities

for merchants to further tailor their business to

the consumer’s needs – thereby creating a

flourishing e-commerce market to the benefit of

all. When personal data and privacy are

adequately protected, merchants will still be

Ecommerce

institutions

Europe

for

asks

the

European

for

able

benefit

from

recent

technical

Europe offers to be a one-stop-shop for the

European Institutions for all e-commerce

related issues. Ecommerce Europe can be

consulted

when

comes

market

research and data, policy questions and in-

depth country knowledge.

one-stop-shop

developments in information collection.

commerce policies which are currently covered

by a plethora of legislation. In order to achieve

this

Ecommerce

Europe

proposes

Ecommerce Europe therefore asks that

policy makers harmonize privacy and data

protection

approach

rules

and

through

without

risk-based

additional

integrated perspective on five key themes:

Internet

security

privacy,

consumer

rights, e-payments, tax issues and e-

logistics.

Detailed proposals linked to these

themes are outlined in the Ecommerce Europe

multiple position papers.

administrative burdens.

Governance and law making on privacy, data

usage, data collection and data protection both

on a national level and on a European level are

spread

across

separate

areas

and

departments like justice, telecommunication,

consumer

human

contractual

rights

and

rights,

fair

pleads

and

fundamental

competition.

for

Ecommerce

integrated

Europe

approach

cooperation

between the several bodies concerned.

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Legislation on privacy, data processing, data

collection and data protection should:

facilitate a flourishing business environment;

recognize the nature of the relationship

between a consumer and a merchant;

should meet the legitimate interests of both

the consumer/data subject and the merchant;

provide a level playing field for web shops in-

and outside of the European Union, thereby

facilitating the true cross-border and global

nature of the e-commerce market.

A clear distinction should be made between

the processing of personal data and other

data not being personal. In order to come to

a fact-based discussion about risks and

opportunities of the processing of data,

Ecommerce Europe advocates a risk-based

approach

concept

legislation

the

interpretation

data

for

the

personal

and

current

new

proposals

reformed legislation. In order to avoid

confusion in the public debate Ecommerce

Europe

recommends

restrict

the

Ecommerce

collaborate

stakeholders

Europe

with

committed

makers

and

definition of personal data

to data that

have more than low or no privacy impact for

the data subject. This definition is similar to

the

current

definition

the

Data

policy

the

for

following

and

recommendations

Transparency:

Privacy

Protection Regulation of 1995.

1. Adopt a risk-based approach

Ecommerce Europe urges lawmakers to

take a balanced approach in the regulation

of data collection, data processing and data

protection. Such a balanced approach is

risk-based and

focuses on the factual use

of data by merchants

rather than an

academic worst-case scenario based on

potential use. A risk-based approach also

differentiates between data with a high

privacy impact and data with low or no

privacy impact. Lawmakers should base

their policy and legislation on this sliding

scale

intrusiveness.

Moreover

they

should recognize the

industry’s potential

of self-regulation

and should refrain from

regulation when it comes to the collection

and processing of data with low or no

privacy impact.

3. Adopt a balanced framework for the

processing of Personal Data

Ecommerce Europe welcomes the efforts

made on the reform of the Data Protection

Regulation to come to a single uniform

European set of rules.

An update of the

existing legislation has great potential

for optimizing privacy rights

for the

consumer and regulating in a fair and

balanced way the legitimate interests of the

industry in data processing, data collection

and profiling. However, Ecommerce Europe

is concerned that

the proposed legal

framework

will

too

strict

and

inflexible.

On one hand the proposed legal

framework might limit the possibilities for

exploiting

the

economic

potential

for

profiling and collecting Big Data and thus

may

hamper innovation

in the sector. On

the other hand concerns rise about the

2. Adhere to the current definition of

personal data

costs for business

for data processing,

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profiling and collection of Big Data through

administrative burdens and excessive and

too strict obligations (especially for SMEs)

to perform a privacy impact assessment, to

assign a data protection officer and of data

leak notification procedures.

payment

personalize

and

delivery

their

process

and

online

shopping

experience. A risk-based approach based

on merchants’ factual use of profiling and

the actual privacy impact for the consumer

is also for profiling indicated. As far as

profiling has no or limited impact on the

consumer’s privacy, it should rather be

subject to self-regulation than to legislation.

Lawmakers should acknowledge the win-

win

situation

created

transparent

–

not

4. Realize the economic potential of Big

Data collection

The collection of “Big Data”

holds great

potential

for business innovation, new

business models and market opportunities.

It also has an evident potential to optimize

the

service

his

the

consumer,

with

thus

and

Both

profiling and the differentiation

discrimination – of users.

enhancing

confidence

experience

online

6. Introduce a standard information tool for

informing the consumer and a risk-

based consent rule

Ecommerce

Europe

believes

that

the

shopping.

personal data and non-personal data can

subject

Big

Data

collection.

Ecommerce Europe emphasizes the idea

that the collection of Big Data should be

transparent and only be subject of

privacy and data protection legislation

as far as personal data are involved.

order to maximize the economic potential of

Big Data to all players in the e-commerce

industry (especially SMEs) and to provide

for fair competition, Big Data collectors

should facilitate equal access on fair

conditions to the Big Data they control for

all competitors.

responsible processing of personal data,

profiling and collection of Big Data builds on

the idea of consumer trust and awareness.

Solid data protection regulation should be

based on the idea of transparency ensuring

that there is no doubt to the question

whether the data subject is fully aware of

what is going to happen, enabling him to

make a free and informed choice about the

processing of its data for a specified

purpose. To facilitate a merchant-consumer

relationship built on trust and in order to

ensure that consumers feel adequately

5. Acknowledge the win-win situation of

profiling

Ecommerce Europe believes that

clear and

transparent use of profiling

is essential

for a flourishing e-commerce business

environment. Profiling benefits users as the

technique can be used to further tailor to

the users’ needs, simplify their ordering,

informed

all

online

transactions,

Ecommerce Europe urges lawmakers to

consider a standard information tool for

informing the consumer on their privacy

rights. This model should be developed

cooperation

representative

with

the

industry,

data

organizations

subjects

and endorsed by the Commission

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and Data Protection Authorities as a fair

and compliant manner of informing the data

subject on privacy and data collection.

"right

forgotten"

therefore

unnecessary and could create redundancy

with these provisions. Ecommerce Europe

prefers to

strengthen the effectiveness of

Ecommerce Europe emphasizes that the

privacy impact of personal data processing

is context-dependent. Therefore,

a risk-

based consent rule,

depending on the

specific circumstances and the context of

the personal data collection, is the most

suitable approach. In essence, Ecommerce

Europe favours the notion of “unambiguous

consent” as a suitable instrument. In

addition,

Ecommerce

Europe

supports

existing rights rather than create a new

right of uncertain scope and meaning,

which

likely

have

serious

and

unwarrantable consequences for the e-

commerce sector and will partly be an

illusion because of technical impossibilities.

Moreover merchants have a wide range of

obligations to keep data on transactions for

the

sake

bookkeeping,

consumer

warranty, taxation, identification and more.

Any notion of the right to be forgotten

should therefore be

restricted to user

generated content

– as is suitable in a

balanced approach between consumers’

and merchants’ interests.

leaving open the possibility of consent by

appropriate device settings. This idea will

do justice to both consumers’ interests

regarding user friendly solutions and legal

certainty, as well as businesses’ interests

with regard to keeping additional costs to a

minimum by means of a uniform technical

standard. Under certain circumstances,

clearly communicated default options or

pre-ticked boxes should be deemed as

valid

means

acquire

unambiguous

8. Restrict

Data

Portability

user

generated content

Ecommerce Europe is not opposed to data

portability as it can benefit the consumer in

facilitating

smooth

online

shopping

consent.

process. However, data portability should

not be obliged by law as this will distort the

7. Strengthen the effectiveness of existing

rights on the notion of the right to be

forgotten

Ecommerce Europe supports the existing

legislation on the notion of the right to be

forgotten. The current data protection rules

state that private data may only be stored

for a limited time and are supplemented by

the right of individuals to have their data

deleted and/or withdraw their consent. This

already forms, strictly speaking, a “right to

be forgotten”. The introduction of a new

market

and

hamper

competition.

Ecommerce Europe believes that data

portability should only be used when it is to

the

benefit of the consumer.

Imposing

such a right to portability in the e-commerce

sector can lead to additional costs for

businesses

develop

since

new

companies

systems

Moreover,

have

for

data

management.

Ecommerce

Europe thinks that the creation of such a

right

will discourage companies from

implementing

innovative

services

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because sensitive commercial information

is allowed to be transmitted to competitors.

Therefore the obligation to provide for this

right

should

restricted

user-

cooperation between the several competent

authorities on Data Protection, Consumer

Protection,

Competition

and

Telecommunication on a national level. On

the other hand cooperation is needed in

supervision between the national authorities

European

level,

creating

generated content,

which is content that is

generated by the data subject itself, and

thus to social networks in particular.

supranational dialogue bodies

like the

9. Clarify the notion of consent in cookie

legislation

In order for merchants to provide a trust

worthy

and

user-friendly

shopping

article 29 Working Party is for the area of

data protection.

In all cases relevant

stakeholders need to be represented

these supranational bodies and should be

involved in their policy decisions and

interpretation

legislation.

experience it is important for the consumer

to be adequately informed about the

cookies being placed, so that the consumer

can make a choice based on his informed

consent. Implementation of the Cookie

Directive across the EU has learned

however that the definition of (timing of)

‘consent’ is unclear across Member States.

Ecommerce

Europe

encourages

policy

makers to

develop a clear definition of

(timing of) consent

based upon industry

solutions. Any further confusion concerning

the

legislation

should

clarified

accordance with the recommendations

of all stakeholders,

such as the Article 29

Working Party.

10. Installation of supranational dialogue

bodies

Uniformity on a national, European and

global level on interpretation of rules and

the enforcement by the several supervisory

authorities on privacy, data collection and

data protection should create a level

playing field for the industry. This

starts

with self-regulation of the global online

industry.

this

requires

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Ecommerce Europe

Rue de Trèves 59-61

B-1040 Brussels

Belgium

Tel. Office: +32 (0) 2 502 31 34

Fax: +32 (0) 2 514 37 22

Email:

[email protected]

URL:

www.ecommerce-europe.eu

Twitter:

@Ecommerce_EU