18 Amendments of Pascal ARIMONT related to 2017/0003(COD)
Amendment 93 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Regulation 2016/679 explicitly recognises the need to provide additional protection to children, given that they may be less aware of the risks and consequences associated with the processing of their personal data. This Regulation should also grant special attention to the protection of children's privacy. They are among the most active internet users and their exposure to profiling and behaviourally targeted advertising techniques should be prohibited.
Amendment 127 #
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enablProviders of software enabling electronic communication, including the retrieval and presentation of information on the internet, should have an obligation to configurepre-set the software so that it offers the option toin such a way as to offer end- users the highest level of protection of their privacy and, in particular, prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users shouldmay be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’). Such privacy settings shoulintermediate to lower protection. Such privacy settings should come with a warning about the risks associated with lowering the level of protection and be presented in a an easily visible and intelligible manner.
Amendment 140 #
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installationfirst use, end-users are informed about the possibility to choose thelower privacy settings among the various options and ask them to make a choicthan those installed as standard with the software. Information provided should not dissuadeto end- users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer, including the compilation of long-term records of individuals' browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowed.
Amendment 167 #
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.
Amendment 168 #
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.
Amendment 171 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to allow easy withdrawal of consent, legal or natural persons conducting direct marketing communications by email should present a link, or a valid electronic mail address, which can be easily used by end-users to withdraw their consent. Legal or natural persons conducting direct marketing communications through voice-to-voice calls and through calls by automating calling and communication systems should display their identity line on which the company can be called orand present a specific code identifying the fact that the call is a marketing call.
Amendment 231 #
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) ‘electronic mail’ means any electronic message containing information such as text, voice, video, sound or image sent over an electronic communications network which can be stored in the network or in related computing facilities, or in the terminal equipment of its recipient;Does not affect the English version.)
Amendment 254 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 261 #
(a a) the data is anonymous or made anonymous before any other processing; or
Amendment 271 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Electronic communications data that is generated in the context of an electronic communications service designed particularly for children or directly targeted at children shall not be used for profiling or behaviourally targeted advertising purposes.
Amendment 411 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 415 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmenthave been preset for privacy, for first-time use by the end-user, and shall afford maximum privacy protection.
Amendment 422 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
(2) Upon installation, the software shall informThe software may provide the end- user about the privacywith various settings options and, to continue with the installation,to reduce privacy. It shall identify attendant risks, however, and require the end-user to consent to a setting.
Amendment 429 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) In the case of software which has already been installed on 25 May 2018, the requirements under paragraphs 1 and 2 shall have been complied with at the time of the first update of the software, but no later than 25 August 2018.
Amendment 473 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 474 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
(2) Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 478 #
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) present the identity of a line on which they can be contacted; orand
Amendment 481 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4