10 Amendments of Aldo PATRICIELLO related to 2017/0003(COD)
Amendment 89 #
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 enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘'reject third party cookies’'. End-users should 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 setting options should differentiate between cookies from third parties that have a contractual relationship with website providers and other third party cookies. Such privacy settings should be presented in a an easily visible and intelligible manner.
Amendment 93 #
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 installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade 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 at the specific demand of the user or to specify for which websites (third) party cookies are always or never allowed.
Amendment 144 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘'direct marketing communications’' means any form of advertisingcommercial communication, whether written or oral, sent to one or more identified or identifiable end-users of electronic communications services, including the use of automated calling and communication systems with or without human interaction, electronic mail, SMS, etc.;
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’' terminal equipment, including about its software and hardware, other than by the end-user concerned shall be prohibited, unless the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party and, except on the following grounds:
Amendment 218 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring or other statistical purposes, provided that such measurement is carried out by the provider of the information society service requested by the end-user. or on behalf of the provider; or
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) (e) where the processing is strictly limited to anonymised or pseudonymised data and the entity concerned undertakes to comply with specific privacy safeguards; or
Amendment 229 #
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(db) if it used for the personalisation of the electronic communications services provided to end-users
Amendment 282 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting. Such software shall ensure that a consent given by an end user under point (b) of Article 8 (1) prevails over the privacy settings chosen at the installation of the software.
Amendment 318 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end-users who are natural persons that have given their consent. or when the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.
Amendment 327 #
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 may be used for direct marketing of its own similarsimilar or analogue 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.