The Italian Data Protection Authority on Google’s privacy policies

After an investigation started one year ago, following the modification of Google’s privacy policies, the Italian DPA has issued yesterday a new provision, concerning services provided to Italian customers.

In fact, Google has unified in a single document the several rules governing personal data processing related to its features, such as e-mail (Gmail), social network (GooglePlus), management of online payments (Google Wallet), video platform (YouTube), online maps (Street View), statistical analysis (Google Analytics), therefore allowing the intersection and interoperability of these services and of users’ personal data involved.

It is the first time that a European DPA does not only holds the violation of the law but also requires specific measures that Google is expected to take in order to be compliant.

��

Privacy��policy

The DPA has prescribed to Google the adoption of a privacy policy structured on several levels.

The first general level should provide the most relevant information for the user: the mention of the data processing as well as of the data used (es. geolocation, IP addresses, etc.).; the address to which users may send their request in Italian exercising the rights listed in article 7 of the Privacy Code; the purposes of profiling activities, especially where aimed at displaying behavioral advertising and customized analysis of the behavior of the websites visitors.

The first level should also include the hyperlinks to the privacy policies for the single services.

The second level should include the privacy policies of the single services. In this level, previous versions of the privacy policies, even if no longer in force, should be stored; users should be warned about specific risks that may arise by the use of the services (for example, in case of choice of password which is not enough secure).

The rules on privacy policy should be applied in the same way for each kind of device (mobile, tablet, computer, laptop and TV plug-in) and for each application made ​​available to users.

��

Consent

In order to use personal data of its users for profiling and behavioral advertising activities, Google must reach their prior consent. An implied consent – through the use of the service as an acceptance of the personal data processing – is not allowed by the law.

Similarly, a consent is always required in case of fingerprint and cookies.

In case of unauthenticated users, it is necessary that the home page expressly holds that the website collects personal data, providing a hyperlink to the privacy policy and another hyperlink which allows users to deny their consent in case of profiling.

��

Data retention

Google will have to define certain times of data retention on the basis of the provisions of the Privacy Code, for both “active” and “back up” personal data (i.e. personal data stored or not). Regarding the deletion of personal data, the DPA has ordered Google to process the requests from its users (who are easily identifiable) within two months in case of active personal data and within six months in case of personal data stored on back up systems. As for the requests for cancellation affecting the use of the search engine, the Italian DPA decided to wait for further applicative development of the judgment of the Court of Justice of the European Union on the right to be forgotten.

Google will have 18 months to comply with the requirements of the DPA. During this time, the Authority will monitor the implementation of the measures required. The company will have to submit to the DPA, by September 30, 2014, a verification protocol, which will become binding once signed, and which will settle when and how the DPA will make its further checks on Google.

The post The Italian Data Protection Authority on Google’s Privacy Policies appeared first on IPOsgoode.

The European Commission today welcomed the publication of a study on Intellectual Property Rights, which was carried out jointly by the European Patent Office (EPO) and the Office for Harmonization in the Internal Market (OHIM). This study, “Intellectual Property Rights intensive industries: contribution to economic performance and employment in Europe” (September 2013), measures the importance of Intellectual Property (IP) rights in the EU economy. Key findings of the study are that about 39% of total economic activity in the EU (worth some €4.7 trillion annually) is generated by IPR-intensive industries, and approximately 26% of all employment in the EU (56 million jobs) is provided directly by these industries, while a further 9% of jobs in the EU stems indirectly from IPR-intensive industries. to read more.

The post Intellectual Property Rights: study indicates that roughly 35% of jobs in the EU rely on IPR-intensive industries appeared first on IPOsgoode.

2012 was characterized by a number of innovations in legal provisions, case law and regulations concerning the Internet, e-commerce, advertising and intellectual property that affected the evolution of these sectors. This article deals with the main innovations of 2012 in the aforementioned fields and tries to predict some possible new trends for the coming year.

Review of 2012

ADVERTISING LAW – CONSUMER PROTECTION

• Alcoholic beverage advertising
The amendment to Section 22 of the Self-Regulatory Code for Commercial Communication introduced a prohibition on advertising alcoholic beverages using signs, symbols, drawings, fictitious characters or real people directly and explicitly linked to minors. The prohibition is designed to reduce the appeal of such advertising to minors.

• Restrictions on gambling advertising
Section 7 of Law Decree no. 158/2012 (“The Balduzzi Decree”) set forth a number of restrictions on gambling advertising, such as its prohibition during television shows aimed at minors and a provision concerning the advertiser’s duties to provide certain information to consumers.

• AGCOM’s survey on the advertising sector in Italy
The Italian Communication Authority (AGCOM) published the results of a survey carried out in the advertising sector. The survey revealed that the online advertising market is highly concentrated and is growing continuously.

• Administrative protection against abusive clauses in consumers’ contracts
Law Decree no. 1/2012 introduced Article no. 37-bis of the Italian Consumer Code, which provides a form of administrative protection to consumers against abusive clauses inserted into contracts between consumers and professionals.

• Protection of “micro-businesses” against unfair commercial practices
Law Decree no. 1/2012, converted into Law no. 27/2012, amended the Italian Consumer Code by extending to “micro-businesses” the protections already granted to consumers against unfair commercial practices. The Consumer Code defines as “micro-businesses” the entities, partnerships or associations which carry on small-business activities employing less than ten employees and with annual turnover not exceeding two million euros.

• Higher fines for unfair commercial practices
Law Decree no. 95/2012, converted into Law no. 135/2012, set forth higher fines for unfair commercial practices. The maximum value of such fines has been increased from EUR500,000 to EUR5 million. The minimum fine remains EUR5,000.

INTERNET/E-COMMERCE

• The role and liability of internet service providers
In 2012 Italian Courts continued to make a distinction between “active” and “passive” hosting providers. Such a distinction implies a different degree of ISP liability for the activities carried out in connection with the management of user content. The Courts reaffirmed the principle according to which rights holders of infringed content/information must provide a detailed and specific notice for the removal of the infringing material. A generic notice that does not contain a specific indication of the content to be removed is held to be insufficient to oblige the ISP to take action. The Court of Florence, in a crucial decision, held that, in order to ascertain whether the provider has “effective knowledge” of the existence of illicit contents, it is necessary that “a competent body has declared that the data is illicit, or has been ordered to remove the data, or disable access to the data, or that the existence of damages has been declared, and that the ISP itself has knowledge of a such a decision by the competent body”. The Court of Appeal of Milan with its decision of December 21, 2012 has overturned the decision of the Court of Milan of 2009 in the Google/Vividown case. The Google managers’ that were involved in the case have been acquitted in connection with alleged illicit treatment of personal data. In addition, the number of criminal proceedings and Public Prosecutor orders against intellectual property right infringements grew. Generally speaking, rights holders enjoy broader protection against intellectual property infringements in Criminal Courts than in Civil Courts. In the European context the European Court of Justice (ECJ), with its decisions in the SABAM cases (ECJ, November 24, 2011 case C-70/10 and ECJ, February 16, 2012 case C-360/10), held that orders to ISPs to provide filters preventing the diffusion of copyrighted materials over the Internet was inconsistent with European law.

• Domain grabbing as unfair commercial practice
With decision no. 23976/2012, the Italian Competition Authority (AGCM) held that the registration of a domain name identical to a trademark distinguishing a third party’s product (“domain grabbing”) could be deemed as an unfair commercial practice under the Consumer Code.

• A Digital Agenda for Italy
A Digital Agenda for Italy has been adopted aiming to enhance measures promoting economic growth, such as encouraging the use of computers; enhancing the digitalization of public administration through open data; digital education; digitalizing the activities of the Courts; using electronic payments and reducing the digital divide within Italy. The most innovative measures outlined are those concerning corporate law, which make provisions for new types of companies and contain measures aimed at innovative start-ups.

INTELLECTUAL PROPERTY

• Towards the liberalization of the intermediation of rights related to copyright
Law Decree no. 1/2012, converted into Law no. 27/2012, eliminated the monopoly of collecting societies by liberalizing the rights related to copyright intermediation market.

• Proposal for a Directive on collective management of copyright and multi-territorial licensing for the online use of musical works
On July 11, the European Commission issued a proposal for a new directive aimed at modernizing the collective management of the rights to musical works by fostering the development of multi-territorial licensing schemes for the supply of online services. The proposal has been submitted to the European Parliament for approval.

• Directive on certain permitted uses of orphan works
Directive 2012/28/EU introduced common rules that allow certain uses of so-called “orphan works”, (i.e. works whose authors or other rights holders are not known or cannot be located). The directive will also foster the use of orphan works in the digital environment.
• Regulations on European unitary patent
Regulations no. 1257/2012 and no. 1260/2012, published on December 31, 2012 in the context of the so-called European patent package, introduced the European unitary patent, which will enter into force in 2014. The ability to protect patent rights across 25 countries of the European Union (Italy and Spain did not participate in the project) through a single registration will ensure simplified procedures and a possible reduction in the costs of enhancing innovation in Europe. The package provides for the institution of a Unified Patent Court with exclusive jurisdiction over European unitary patents.

• The most relevant decisions of the ECJ
In 2012 the ECJ made a large number of interesting rulings on intellectual property rights. With its decision of March 1 in case C-604/10 (Dataco) the Court held that a calendar of soccer matches cannot be protected by copyright when its creation and rules are not affected by creativeness. With its decision of March 15 (cases C-135/10 and C-162/10) the Court held that a professional that broadcasts phonograms to clients within its offices does not “communicate to the public” these works and that, by contrast, a hotel owner that broadcasts phonograms within the lobby of a hotel is bound to pay equitable remuneration to the phonograms’ producers. Regarding software protection, with its decision of May 2 in case C-406/10 (SAS Institute) the Court ruled that the functionality of a computer program and its programming language cannot be protected by copyright. In its decision of July 3, 2012 (Case C-128/11 UsedSoft) the ECJ stated that the author of a piece of software cannot prevent the resale of his second-hand licenses since the exclusive right of distribution of a copy of a computer program covered by such a license is exhausted upon its first sale. Finally, in connection with domain names, with its decision of July 19 in case C-376/11 (RTR) the Court clarified that a person authorized solely to register a .eu domain name for the proprietor of a trademark cannot be deemed a “licensee of prior rights”.

Preview of 2013

• The role of the independent administrative authorities and the Internet
The new role of the independent administrative authorities, and the attention directed towards the growth of the Internet and new technologies will be some of the most important trends of 2013. It is likely that the Italian Competition Authority (AGCM) will continue to challenge unfair commercial practices carried out on the Internet through invasive measures similar to those adopted in 2012. It will be interesting to analyze AGCM’s decisions on abusive clauses within consumer contracts. Also in this field, attention will be paid towards the Internet more generally, as demonstrated by the first proceedings started by AGCM that involve the main e-commerce operators. It is also likely that AGCM will pay more attention to anticompetitive behavior within the Internet services sector, and amongst services linked to it.

• Discussion of the role and liability of ISPs and cloud computing
The growth of cloud computer services will, in the near future, prompt the Courts to analyze and discuss the role and liability of cloud computing service providers. The Courts will debate issues surrounding the protection of stored data and the protection of intellectual property rights. In light of the recent steps taken by European bodies in this field, cloud computing will also be subject to new legal provisions and regulations.

• Net neutrality and the growth of the Internet
Net neutrality will be a major issue this year due to the greater frequency of discrimination towards certain traffic (e.g. Voip traffic) and the interest demonstrated by the Body of European Regulators for Electronic Communications (BEREC) and AGCOM. The main challenge will be to decide if, in addition to measures aimed at providing clear information to consumers on traffic management practices, it is necessary or even advisable to adopt measures aimed at avoiding the widespread use of traffic management practices by operators.

• The growth of mobile internet: new functions and perspectives
In Italy the greatest proportion of Internet traffic derives from mobile devices. New projects are proliferating based on this phenomenon, such as those aimed at enhancing mobile e-commerce and mobile payments. For instance, there are a number of projects based on NCF (Near Field Communication) technology. The growth of such projects will lead to the need for specific regulations to protect the different interests involved.

• TV as an instrument of the growth of the Internet
The diffusion of the Internet will be influenced by its convergence with TV. This phenomenon affects not only the possibility of watching TV shows on the Internet but also the development of hybrid broadcasting approaches and the possibility of accessing TV content on mobile devices. A transformation from the (passive) TV viewer to the (potentially active) consumer is occurring, which subsequently also affects privacy issues, since it is possible to profile viewers and collect a huge quantity of data. As a consequence, new European and national legal provisions and regulations will be enacted.

• The Internet of Things and consumer protection
The growth of the Internet of Things through the integration of physical objects into the information network will determine the development of new services and opportunities for digital consumers. The implementation of this technology will require regulations able to guarantee the security and control of consumers’ data. Last year the European Commission launched a public consultation aimed at collecting stakeholders’ opinions on the subject. After this initial phase, the next step will be to provide European and national regulation aimed at ensuring the protection of consumers.

• Towards the adoption of the Digital Agenda
In 2012 the Digital Agenda was adopted in order to enhance Italy’s levels of innovation and competitiveness. In 2013 measures provided by the Digital Agenda, such as the enhancement of e-commerce, digital alphabetization and the diffusion of digital systems in Public Administration will be adopted.

• The adoption of European Directives
The adoption of Directive 2011/83/UE will lead to provisions aimed at protecting consumers in the e-commerce field. Directive 2012/28/UE concerning copyright and orphan works will lead to the development of digital services based on the sharing of such works, and will contribute to the conservation of European and Italian cultural heritage.

• A new era for the protection of copyright on the Internet?
The protection of copyright on the Internet will be a crucial issue in 2013. Even if it seems unlikely that any new provisions or measures will be adopted in Europe as a whole, they could by contrast be adopted in Italy. For instance, AGCOM intends to restart the debate on the issue of a specific regulation on the protection of online copyright.

The post Developments in advertising law, the Internet, e-commerce and IP in 2012, and trends for 2013 appeared first on IPOsgoode.

This report details the main findings of a large-scale consumer tracking study into the extent of online copyright infringement, as well as wider digital behaviours and attitudes, among people aged 12+ in the UK.

The study was commissioned by Ofcom, undertaken by Kantar Media and made possible by financial support from the UK Intellectual Property Office (IPO). It is the first in a series of research waves intended to generate benchmarks and time series relevant to the access and use of copyright material online.

The research stemmed from a recommendation in the 2011 Hargreaves Review of Intellectual Property and Growth that Ofcom should not wait until its formal reporting duties arising from the Digital Economy Act began to start gathering independent data and establishing trends in the area of online copyright. Government adopted this recommendation and tasked Ofcom and IPO to work together to conduct research to gather the necessary evidence. This report is the result of this partnership.

This is a complex research task. The ways in which consumers access and share copyright material online change regularly, and infringement levels in particular are notoriously difficult to measure. Rather than focusing on one industry, the study looks at six main types of online content music, film, TV programmes, books, video games and computer software and for each of these assesses levels of infringement and locates this within wide patterns of consumer behaviour and content consumption.

The study seeks to provide as comprehensive a dataset as possible. It includes both older children (12-15 year olds) and adults who use the internet less frequently to get a nationally representative sample of UK individuals aged 12+. This requires a very large sample size (4400 individuals), and a hybrid online and face-to-face survey methodology. This approach has been carefully piloted and subjected to independent peer review. As such, we are confident that it represents the most appropriate and rigorous consumer research methodology to use in this area.

That said, as with all approaches to research, consumer surveys have limitations. In particular they rely on participants reporting their behaviour accurately and honestly a sensitive issue in areas involving unlawful behaviour. We have allowed for this as best we can, most notably by deriving levels of infringing behaviour, rather than asking people about them outright.��to read more.

The post Online Copyright Infringement Tracker Benchmark Study appeared first on IPOsgoode.

Cybercrime is a growing global problem that no company or country can tackle alone. At any given time, an estimated 150��000 viruses and other types of malicious code are circulating across the internet, infecting more than a million people every day.

Anti-virus software developer McAfee counts 75 million unique pieces of malicious malware code on its databases, with botnets spewing out spam that account for a third of all the emails sent every day. Bots are one of the most sophisticated and popular types of cybercrime today. They allow hackers to take control of many computers at a time, and turn them into “zombie” computers, which operate as part of a powerful “botnet” to spread viruses, generate spam, and commit other types of online crime and fraud. The worldwide cost of cybercrime is estimated at over €750 billion annually in wasted time, lost business opportunities and the expense of fixing problems.

In addition to developing wider cybersecurity strategies for Europe, the European Commission takes concrete actions to tackle cyber security risks, and pools resources with national governments, industry, universities and NGOs, to develop innovative technologies to improve cybersecurity.

For the period 2007-2013, the European Commission has spent about €350 million in cyber security research; from 2013 to 2020, €400 million is earmarked to support key enabling & industrial technologies such as cyber security, privacy and trust technologies, and an additional €450 million is earmarked for ‘Secure Societies’ research which includes aspects of cybersecurity.

The following EU-funded projects address the big issues facing cybersecurity: cost, speed and long-term security; helping to keep computer users one step ahead of the hackers, Trojans and viruses plaguing the online world today.��to read more.

The post Digital Agenda: European Commission Supports Research on Cyber Security appeared first on IPOsgoode.