Update of ADR rules on the horizon

By GR Stocks on Unsplash

Today the European Commission announced their proposal to modernise ADR rules in Europe, in line with the digitalisation agenda (New measures to simplify the resolution of disputes out of court and boost consumer rights). This follows from the 2023 Consumer scoreboard results showing continued low numbers of consumers proceeding with enforcing their rights (1/4 of consumers experiences a significant consumer problem, but 1/3 of them does not complain for reasons related to time, cost and low confidence). The key points of the new plan to address these issues are: 

• Abolition of ODR (see for the proposal for a new regulation repealing ODR here) - currently the ODR platform facilitates ca 200 cases per year in the EU, which the Commission perceives as not justifying the costs of keeping this platform open and costs of business having to comply with ODR Regulation obligations (e.g. providing a link to ODR platform and assuring appropriate communication channels). The plan is to replace the ODR platform with 'user-friendly digital tools' assisting consumers in choosing a redress option.
• Broadening of the scope of ADR - it will no longer be necessary that a dispute stems from a concluded contract between the parties. This will allow encompassing all EU consumer law, incl. pre-contractual issues especially pertinent to online environment, e.g. misleading advertising and deceptive design, access to services and unjustified geoblocking. It aims also to start facilitating procedures against non-EU traders (although they as well would need to voluntarily join the scheme).
• Providing for additional consumer advice in accessing and during ADR process - to be delivered by designed bodies, e.g. European Consumer Centres Network. This could consist of translation, explanation of consumer rights, ADR procedures, etc.
• Removing some of the burdens for traders to encourage their uptake of ADR participation - e.g. reducing information obligations for traders. Additionally, ADR entities will ask traders whether they intend to participate in ADR when a consumer raises a complaint, which traders will need to answer in 20 days. This is aimed at prompting traders to (re-)consider their ADR participation.
• Removing some of the burdens and costs for ADR entities - e.g. reducing their reporting obligations (from every year to every 2 years, and requiring a more condensed report); facilitating bundling of cases with similar elements (although only upon consent of relevant consumers).
• Improving transparency - e.g. when a dispute is resolved through automated means, parties may request review by a natural person.

Additionally, the European Commission recommends online marketplaces to align their dispute resolution systems to European ADR principles, especially effectiveness, fairness, independence, expertise, impartiality, and transparency. See here for the Recommendation on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations C(2023) 7019 final.

See for the new proposal for amending ADR Directive here. Additional information on the whole ADR review is here.

Modernising copyright: watching Netflix while abroad

Yesterday, the Council and the Parliament have informally agreed on new rules that will allow subscribers to paid online content (online music, games, films and TV shows) in any Member State to access this content in another Member State - while they are temporarily visiting it (also when they travel for business, so this protection would be applicable not only to consumers). Readers of this blog who travel abroad have probably been frustrated by geo-blocking rules (set up to protect exclusive licensing) that often prevented accessing online content when abroad. Free of charge services would still be excluded from the scope of these new rules, which means that such service providers will have a choice whether to enable their customers to access their services cross-border (Accessing online films and TV while abroad: deal with Council). The intention is for these rules to start applying as of the beginning of 2018 (DSM: EU negotiators agree on new rules allowing Euorpeans to travel and enjoy online content services across borders).

Comeback of the EU data protection reform

Today the Council announced that its ministers agreed to open negotiations with the European Parliament on the new data protection rules. The Data Protection Directive has been under review for quite some time, with the European Commission proposing new rules in January 2012 (see our previous post EU data protection reform announced) and the European Parliament supporting them in March 2014 (New EU data protection rules - one step forward). It's quite controversial whether data protection can be improved, whether and to what extent this improvement is desirable (considering e.g. often conflicting consumer interests - in privacy but also in lowering transaction costs). The reform is, therefore, still likely to take some time. However, the first talks between European legislators are to commence already this month. As a result of the reform consumers rights are to be strengthened through the right to be forgotten, a right to data portability, data protection by design and by default, a right to be notified of personal data breaches. Enforcement of data protection is to be strengthened to. (see Stronger data protection rules for Europe)

New digital single market strategy expected to kick off next May

Yesterday, the EU Parliament Magazine recapped the priorities announced by the two Commissioners in charge of the Digital Single Market, Andrus Ansip and Günther Oettinger. 

What we can extrapolate from the series of statements is that the Commission will start with a proposal to "modernise" existing copyright rules (modernisation which, indeed, many stakeholders invoke), to then move to telecoms and audiovisuals. Less specific undertakings concern search engines and the digitalisation of public administrations, while a last topic-"striking the right balance between keeping the internet open as a forum  for freedom of expression, while also making sure it is not abused as a vehicle to fuel hatred"- might be more contentious, especially since its pertinence to the digital single market agenda seems questionable. 

The article highlights how the two Commissioners expect the Parliament to cooperate with the effort; while the latter, however, emphasises the need to concentrate on "supporting consumers rights" in the digital marketplace, the Commissioners seem more concerned with the establishment or improvement of market conditions in the first place- a difference in vision that might make cooperation less smooth on given occasion. 

Of course, we will know more after May, when the copyright proposal will be presented. 

Copyright in the digital market

Secondly, the Commission adopted a communication on copyright today, which presents points of action to keep the EU's copyright framework fit for purpose in the digital environment. The Commission's plans comprise the following:

'A structured stakeholder dialogue, jointly led by Commissioners Michel Barnier (Internal Market and Services), Neelie Kroes (Digital Agenda) and Androulla Vassiliou (Education, Culture, Multilingualism and Youth), will be launched in 2013 to seek to deliver rapid progress in four areas through practical industry-led solutions.

These areas are cross-border access and the portability of services; user-generated content and licensing for small-scale users of protected material; facilitating the deposit and online accessibility of films in the EU; and promoting efficient text and data mining for scientific research purposes.

In parallel, the on-going review of the EU framework for copyright legal will be completed, based on market studies, impact assessment and legal drafting work, with a view to a decision in 2014 on whether to table legislative reform proposals.'

Please refer to the press release and website for more information.

EU vs. hackers

The European Network and Information Security Agency (ENISA) published this week a report on cyber incidents reporting in the EU. Cyber security incidents often affect millions of citizens, businesses and consumers (e.g., in 2012 millions of business network passwords were exposed through hacking of LinkedIn; in 2011 due to a failure in the UK datacenter millions of users of BlackBerry across the EU and globally could not send or receive emails), but pursuant to the report these incidents are often not reported or even not detected.

Dr Marnix Dekker and Chris Karsberg, the report’s co-authors, argue: “Cyber incidents are most commonly kept secret when discovered, leaving customers and policymakers in the dark about frequency, impact and root causes.” (EU agency ENISA analyses cyber security legislation & spots implementation gaps; incidents remain undetected or not reported)

The study analyses the adopted EU measures on mandatory incident reporting from the Telecom package, e-Privacy Directive as well as the proposed e-ID regulation and the Data Protection reform, showing the differences and commonalities of their provisions and trying to create an overview of the EU cyber security strategy (see: roadmap). Areas for improvement have been identified in the paper, as well. Hopefully, new measures developed by the ENISA, like an incident reporting format will help national regulators to overcome the lack of transparency and increase the amount of information about these incidents. Harmonisaton of these issues is crucial, taking into account that often cyber security incidents taking place in one country impact citizens in other Member States.

Protecting open internet

Yesterday the European Commission opened a public consultation on preservation of the open internet, which refers to the concept of net neutrality. The idea of open internet is that consumers should have a free choice among various internet offers, which means that these offers should be transparent and easily comparable, that consumers could switch between operators and that their online privacy would be protected. The consultation is opened until 15 October 2012 and consumers as well as public and private parties are invited to participate in it.

"Today there is a lack of effective consumer choice when it comes to internet offers. I will use this consultation to help prepare recommendations that will generate more real choices and end the net neutrality waiting game in Europe. Input from this consultation will help turn BEREC's findings into practical recommendations." said Neelie Kroes (Commission opens public consultation on preservation of the open internet (net neutrality)).

e-IDs

Last Monday, the European Commission presented a new proposal for a regulation (on electronic identification and trusted services for electronic transactions in the internal market) that would lead to more security of electronic transactions. The aim is to enable European citizens to use their own national electronic IDs in order to access public services in other Member States that require the use of e-IDs. As a result, the electronic signatures and related trust services will need to have similar legal status in the EU and may grow in importance (facilitating also eProcurement).

One has to wonder, however, whether these ambitious goals will be reached since the European Commission does not intend to force any Member State to introduce a new e-ID system, nor to join into the European recognition of national e-IDs, neither will it lead to an introduction of a European e-ID. (Digital Agenda news)

Still, the European Commission sees the importance of the new rules and mentions as potential beneficiaries of this new regulation: students (being able to register at a foreign university without having to travel abroad), citizens having affairs (business or personal ones) in different Member States (e.g. arranging a marriage abroad, moving abroad, filling tax returns abroad), patients (who could allow access to their online medical records to foreign doctors), etc. (Q&A)

Hello? Hello? - on affordable use of mobile phones abroad

We have posted before about the planned changes in the roaming costs for people travelling across the EU. (Towards no stress roaming) Last week the European Parliament and the European Council reached an agreement about a new regulation on roaming charges, that is supposed to be adopted by the council in June this year and start binding Member States as of 1 July 2012 (repealing regulation no 717/2007).

As of 1 July 2012 the cost for consumers of using data services on their mobile phones while being abroad will be lowered to 0,70 Euro per 1 MB, then to 0,45 Euro in 2013, and 0,20 Euro on 1 July 2014. At this moment, there is no cap for such charges set for the operators. Additionally, the cost of a 1 minute call should not exceed 0,29 Euro from 1 July 2012 and 0,19 Euro from July 2014 (current maximum is 0,35 Euro). Texting will also be cheaper for consumers from current 0,11 Euro to 0,09 Euro on 1 July 2012 and 0,06 Euro on 1 July 2014. These new price caps are expected to save families over 200 Euro each year, and over 1000 Euro to business travellers (see here).

Moreover, the currently binding regulation obliging operators to send alert messages to consumers who are approaching 50 Euro of charges in a month, is supposed to have its scope widened to cover consumers travelling outside the EU as well. This initiative is supposed to prevent consumers receiving shockingly high bills after their holidays abroad. Of course, the network in a country outside the EU would have to be compatible with the operator's settings in order for such an alert to be received.

The most important change is the introduction of a separation between domestic and roaming services that are being offered to consumers. This means that consumers will be able to choose (as of 1 July 2014) separate operators for their domestic and their roaming services, taking into account which operator has the best deal in either of these sectors for them. Consumers will be able to keep the same phone number while using two different operators. Increasing competition on the mobile phone market is bound to lead to further lowering of prices and making telecommunication sector more consumer-friendly. (New deal to cut mobile roaming prices, including data services)

For more information see the website on roaming or FAQ.

European TV

In 2010 the Audiovisual Media Services Directive (2010/13/EU) was adopted and this week the European Commission presented the first report from its application by the Member States. The goal of the Directive was to enable free circulation of audiovisual content while promoting European content, and to restrict availability of harmful content (esp. for minors). We may not be receiving the same programmes all over Europe, but at least certain frameworks (like the amount of advertisements shown) is supposed to be harmonised. The report shows the effectiveness of the measures undertaken in the Directive, while at the same time pointing out its inefficiencies, especially with relation to the smart/hybrid TV (Connected TV).

The report shows that only Poland and Belgium still have to adapt their national laws to the Directive.

One of the main issues of the Directive is to limit advertising and teleshopping spots on TV - to the max of 12 minutes per hour. The report show that since this rule was implemented, in many Member States it has been breached. The European Commission will try to ensure the proper and strict application of this rule. Moreover, creative TV advertising which was claimed not to count as advertising spot, was recently determined by the CJEU to still fall under the 12-minute rule (see: Commission v. Spain, C-281/09)

What the Member States did not have any problems with was introducing stricter rules as to the advertisement of the alcohol on TV. It seems that both private and public persons are in agreement as to the potential harmful results of these advertisements and the need for its more careful control (see the earlier post today). The same careful implementation and application took place as far as protection of minors is concerned, which may be the result of detailed provisions of the Directive on these matters. Five Member States prohibit advertising in children's programmes, while four other Member States impose partial restrictions (as to timeframe or type of products), and seven more ban showing of sponsorship logos. The Directive prohibits: direct exploitation of minors inexperience or credulity in order to convince them to buy products or services; direct encouragement of minors to persuade their parents to purchase goods or services advertised; exploitation of special trust that minors have in parents, teachers, etc; unreasonably showing minors in dangerous situations.

The European Commission intends to pay closer attention to the regulation of Connected TV in the coming months, as well as take a closer look at the discrimination factors in advertisement (stereotyped representation of gender roles was found in 21-36% of the spots analysed). (Digital Agenda: Commission adopts first report on the application of the Audiovisual Media Services Directive)

Children online

Within the Digital Agenda the European Commission set out a plan for introducing better online content for children as well as for protecting them from harmful sides of digital world. According to the gathered data today 75% of children use the internet, a third of them on mobile phones. Right now there are varying degrees of protection of children online applied across Member States, which makes it difficult for businesses to market child-friendly services and products in the EU, as well as to protect children using the same measures in the EU. The European Commission suggests certain measures that could be introduced, e.g., through self-regulation of the industry. It will be enforced partially by the Coalition to make a better internet for children which was set up in December 2011.

"4 in 10 children report having encountered risks online such as cyber-bullying, being exposed to user-generated content promoting anorexia or self-harm or misuse of their personal data. While by 2015 it is expected that 90% of jobs across all sectors will require technology skills, only 25% of young people across the EU say they have "high" levels of basic Internet skills (such as using the Internet to make phone calls, create a web page, or use peer-to-peer file sharing)." (Digital Agenda: New strategy for safer internet and better internet content for children and teenagers)

The initiative revolves around 4 goals:

1. Delivering high quality content online

- by stimulating production of creative and educational online content for children

- by promoting positive online experiences for young children

2. Increasing awareness and empowerment of children

- teaching online safety, digital and media literacy in schools

- scaling up awareness activities and youth participation

- designing simple and robust reporting tools for internet users

3. Creating a safe environment for children online

- age-appropriate privacy settings

- parental control tools

- age rating and content classification

- online advertising and overspending

4. Fighting against child sexual abuse and exploitation

- faster and systematic identification of material disseminated through various online channels, notification thereof and takedown of the websites

- cooperating with international partners to fight against child sexual abuse and exploitation

DG Connect

What's in a name? As of 1st of July, the European Commission's Directorate General 'Information Society and Media' will be renamed 'Communication Networks, Content and Technology'. In short: DG Connect.

The new name is meant to indicate a change in the organisation of the DG (pictured in an organisation chart) as well as to emphasise the mission of the DG under the EU's Digital Agenda (see also Commissioner Kroes' blog post 'The Commission changes to face the future: We launch DG Connect').

More information and a mission statement can be found on the DG's website.

Internet of Things

The European Commission opened a new consultation procedures (not only for stakeholders, but also for the public at large) which is to help it envisage the future of internet technology ("The Internet is gearing up for the next technological revolution: communication with and among objects. How would you envisage the "governance" of such an "Internet of Things" (IoT)"). This initiative fits within the plan to increase online data protection of EU citizens. Nowadays, the protection is directed at internet users who open their computers/phones and browse the web. With the progress of technology it becomes clear that other, everyday products may be used to collect personal data as well as information on the physical environment of EU citizens via the wireless network. The EC predicts that by 2015 an average person would have 7 objects connected to the Internet (instead of standard 2: computer and smartphone). For example, sensors in a car may give away citizens' locations but also information on various subsystems of the car, their need for maintanence and repair; personal devices may control the state of health of a citizen but also transfer this data to a central database; content of the fridge etc. could be stored and automaticlaly updated on citizens' smartphones.

"For example, if a university teacher cancels a morning lecture because they are sick, students' alarm clocks and coffee machines could automatically be reset, giving them an extra hour in bed. If an elderly person forgets to take an essential pill, a warning text message could be sent to a close family member, or even to a local emergency centre, so that somebody could call round to check that everything was ok." (Digital Agenda: Commission consults on rules for wirelessly connected devices - the "Internet of Things")

The Internet of Things (IoT) is a network of wireless-connected devices, that allows access to information about our surrounding environment through objects able to interact with that environment and react to events. While this network could significantly improve our lives, it will also create a further threat to our privacy and security. The balance between the benefits to our economic and social lives and the need to protect our personal information needs to be estimated and upheld. Therefore, the European Commission through the questionnaire in this consultation process tries to estimate what importance EU citizens place on these values and how far the data protection should stretch in respect of IoT.

The deadline for sending replies is set on the 12th of July.

Towards no stress roaming

Following the European Commission's proposal of last year (on which we posted earlier), members of the European Parliament and representatives of the Council and the European Commission have now reached a preliminary deal on new EU Roaming rules. The agreement comprises three points of action:

Delivering cheaper roaming through competition

'From 1 July 2014, customers will have the option to shop around for the best deal and sign up for a separate mobile contract for roaming, which may be different from their domestic mobile provider, whilst keeping the same phone number. Each time the customer crosses a border, his or her phone will switch to the network of the roaming provider which they have chosen, without any further action on their part. Customers will also have the option to directly select a local mobile network for data roaming in the country they are visiting (more details below).

As from 1st July 2012, virtual mobile operators and resellers, who do not have their own networks will immediately have the right to access other operators' networks at regulated wholesale prices in order to provide roaming services (together with national services) to their customers. This will already create more competition between operators, and so increase the incentives for them to offer customers more attractive roaming prices and services.'

Facilitating data roaming

'From July 2014, mobile operators in visited countries will have the possibility to directly offer data roaming services on their own networks to travellers, which consumers can select either in advance or on the spot.'

Cheaper roaming through price caps until retail prices will have been driven down by competition (according to the agreement: till 30 June 2017).

The European Parliament is expected to approve the agreement in May and the Council in June. The new rules could then enter into force on 1st July 2012.

See also the Commission's roaming website for more information.

Enhanced European communication network by 2020

Neelie Kroes, Vice-President of the European Commission who is responsible for the Digital Agenda, gave a speech yesterday in Barcelona with a few promises concerning further development of European communication network (speech text may be found here). She intends to make sure that every European has at least 30 Megabit coverage by 2020 (4G technology may come in handy here) and at least half of them have ultra-fast access at over 100 Megabits. To achieve this aim she intends to support development of many new technologies, that if combined could lead to to European consumers getting used to obtaining better services and higher speeds (e.g. Fibre-to-the-Home, upgraded Cable, Fibre-to-the-Cabinet, LTE).

"European consumers will get used to obtaining better services and higher speeds, which will trigger new bandwidth-hungry applications and services, creating in turn the conditions for financing the competitive networks, wired and wireless, fixed and mobile, of 2020."

To encourage that development the European Commission has already released the digital dividend 800 Megahertz band for wireless broadband, which should be authorized by the Member States to be used by 1 January 2013 (six MS have already completed this process). New plans encompass finding and releasing more of wireless broadband by 2015 for e.g. radio programmes.

Finally, the EC encourages more competitive and sound policies regarding mobile phones use by consumers. From 2002 to 2010, mobile prices dropped 50% or more, but the aim is to lower these prices even more. Roaming regulations need to be adopted, as well, so that consumers may get the most value from the use of their smartphones also when travelling abroad.

7 February 2012 - Safer Internet Day

Today is a Safer Internet Day, organized by the European Commission's INSAFE network in order to encourage children, their families and teachers to discover the online world together ("Digital Agenda: Safer Internet Day 2012, linking up generations for a safer digital world"). Currently 77% of 13-16 year olds and 38% of 9-12 year olds who use the Internet admit to having a profile on a social networking site. 12% of the latter group admitted to having been bothere or upset by something they have seen online. Since most children receive advice on safety online from their parents, teachers, relatives - then it makes sense to organize this year's event around the communication about online world between generations.

It's not only a European event, it's celebrated worldwide to promote safer Internet for children and teenagers. However, it fits perfectly within the programme of the Digital Agenda. In December 2011, the Commission arranged for 28 leading companies to commit to making a better and safer Internet for children, and three more companies joined the coalition in January 2012. These companies enable easier reporting of harmful content, ensure privacy settings at age-appropriate levels, offer wider options for parental control and control classification.

The 6 key tips that INSAFE gives to parents and teachers to keep children safe online are:

• Talk about the internet and dedicate time to explore it together with the child. Ask the child to show them what he or she likes to do online, and try not to be shocked or overreact if they do not share the same interests. 
  
  
• Stimulate the child's creativity. Point them in the direction of the best online content to explore for their development (or just for fun). The child can learn and discover new sites, play games, write blogs, create websites. Stretch his or her imagination. 
  
  
• Set up rules or boundaries together. When\Where\Why and for how long can the child use their mobile phone or computer? If you listen to the child and establish fair rules, then he or she is more likely to stick to them.
  
  
• Protect personal data and help the child understand that information or photos they put online can remain visible to everybody forever. Help them set up the highest level of privacy settings on social networks. 
  
  
• Think about using parental control tools to automatically filter certain topics (e.g. violence, porn) and limit the time the child will be able to navigate the web.
  
  
• Avoid having a computer in the child's bedroom. Put it in the living room instead. It will make it easier to follow the child's web-surfing habits on a daily basis. 

I agree with these tips except the latter one. I don't think we need to shield our children to the point of infringing their right to privacy. I had a computer in my room when I was growing up and maybe I encountered a few times something that had bothered me online but at least then I was not at risk of being embarrassed as well, knowing that my parents could be walking any time in the room and seeing it. It's all about trust and communication that we have with children, not absolute control (which is impossible to achieve, anyway), in my opinion.

Online you reveal more than you think

Why data protection online is so important?

EU data protection reform announced

As mentioned yesterday ("EU data protection reform") the European Commission proposed today a comprehensive reform of the EU rules on data protection from 1995 ("Commission proposes a comprehensive reform of data protection rules to increase users' control of their data and to cut costs for businesses"). The main reason for the new proposal is that in the past 17 years many things has changed as far as internet and online privacy is concerned.

"17 years ago less than 1% of Europeans used the internet. Today, vast amounts of personal data are transferred and exchanged, across continents and around the globe in fractions of seconds," said EU Justice Commissioner Viviane Reding, the Commission’s Vice-President. "The protection of personal data is a fundamental right for all Europeans, but citizens do not always feel in full control of their personal data. My proposals will help build trust in online services because people will be better informed about their rights and in more control of their information. The reform will accomplish this while making life easier and less costly for businesses. A strong, clear and uniform legal framework at EU level will help to unleash the potential of the Digital Single Market and foster economic growth, innovation and job creation."

The main points of the proposed regulations have been mentioned in the blog post from yesterday. The proposed legislative acts are as follows: Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (Directive). More information may be found at the Data Protection website or at the Q&A website.

EU data protection reform

Tomorrow, the European Commission is supposed to present new proposals for laws regulating data protection rules. While we are waiting for the suggested texts of a regulation and a directive, certain 'leaks' as to their scope have already been made public (see e.g. "The EU Data Protection Reform 2012: Making Europe the Standard Setter for Modern Data Protection Rules in the Digital Age", as well as "EU proposes 'right to be forgotten' by internet firms").

According to Commissioner Reding, the new regulation will simplify the regulatory environment and drastically cut red tape. The plan is to delete any general notification requirements and replace them with general responsibility and accountability of companies for the protection of personal data in their business field. This means that the companies will need to appoint a data protection officer within their company who will be responsible for handling such complaints. This is expected to generate savings of ca. 130 million euro a year. Moreover, the companies who conduct business in many Member States will need to comply with the legal requirements for data protection for only one Member State and will deal with only one data protection authority - the one applicable for the Member State in which the main seat of the company is located. According to Commissioner Reding, all data protection authorities in the EU will have the same adequate tools and powers so it will not matter which of them the businesses will need to deal with. The plan is also to simplify international data transfers, since if a company has their binding corporate rules as far as data protection is concerned approved by one data protection authority, they will be recognised by all such authorities in the EU (no further national authorisation).

As far as protection of consumers' data is concerned the Commissioner mentions the need for the information about the processing of their data in simple and clear language. Such information shall contain details as to which data is collected, for what purposes, how long it will be stored and with which third parties it will be shared. Consumers should also be notified with which authority they should get in touch in case their rights are violated. This is supposed to give control to the internet users over which data they reveal and to whom. Such an informed consumer may consent to give his personal data for further processing - the consent should be specific and given explicitly. Moreover, the internet users should have a power to have their data moved from one service provider to another, and to have their data deleted. This right to be forgotten is interesting, due to many fears that if you share something via your social network, e.g. Facebook, it will be forever linked to you, even if you chose to delete a given photo or information at a later date. Commissioner Reding underlines that it should be a consumer's right not just a possibility to withdraw his consent to the processing of the personal data they have given previously. Additionally, in case of a data breach, i.e. data being lost, stolen or hacked, there will be a general obligation placed on the data controllers to notify such a data breach to data protection authorities and to the individuals concerned without undue delay (which seems to mean 24 hours).

Let us see what the language of the proposals will be and what further will be changed in the negotiations on these regulations.

Pursuing the Digital Agenda - the Commission's e-Commerce Action Plan and Green Paper

As promised, here is some more news on the European Commission's initiatives for the digital market: Today, the Commission presented its Action Plan on e-commerce and other online services, aimed at building trust in the digital single market. The Action Plan forms part of the measures that were announced in the Digital Agenda and Single Market Act. The Commission expects that enhancing trust in the digital market will benefit different groups of stakeholders, including consumers (p 3):

'More e-commerce will generate tangible benefits for consumers such as lower prices, more choice and better quality of goods and services, thanks to cross-border trade and easier comparison of offers. The overall gain for consumers would be around EUR 204 billion (1.7% of European GDP) if e-commerce reached 15% of retail sales and if the obstacles to the Single Market were removed. Vulnerable people (the elderly, those with reduced mobility, those isolated in rural areas, those with low purchasing power) will particularly benefit and Europe will thus be better placed to meet the demographic challenges of today.'

The Action Plan is aimed at removing the following obstacles to the digital market (p 4):
'- the supply of legal, cross-border online services is still inadequate;
- there is not enough information for online service operators or protection for internet users;
- payment and delivery systems are still inadequate;
- there are too many cases of abuse and disputes that are difficult to settle;
- insufficient use is made of high-speed communication networks and hi-tech solutions.'

Accordingly, the Commission sets five priorities (p 5 ff):
'- develop the legal and cross-border offer of online products and services;
- improve operator information and consumer protection;
- reliable and efficient payment and delivery systems;
- combating abuse and resolving disputes more effectively;
- deploy high-speed networks and advanced technological solutions.'

More information is available in the Commission's press release (in French), in the Q&A section and on Vice-President Neelie Kroes' blog.

Together with the Action Plan, a Green Paper was presented on card, internet and mobile payments. The Green Paper initiates a consultation period, running till 11 April 2012, during which the Commission seeks to obtain the views of stakeholders on enhancing the possibilities to make online payments. The aim is to create 'a secure and transparent integrated payments environment throughout the EU'.

See also the press release and Q&A page.