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Determann’s Field Guide to Data Privacy Law

International Corporate Compliance, Third Edition

Lothar Determann

Companies, lawyers, privacy officers and marketing and IT professionals are increasingly facing privacy issues. While information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society.
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Chapter 5: Data privacy A to Z

International Corporate Compliance, Third Edition

Lothar Determann

Extract

In this Chapter, you can find introductions and key considerations regarding hot topics and fundamental substantive privacy compliance obligations. A Field Guide cannot supply comprehensive commentary, but this Chapter is intended to provide context and to supplement the previous, task-oriented Chapters. Topics are presented by common buzz words, in alphabetical order. Feel free to fast forward to topics of particular interest and skip topics that do not apply to you. If you cannot find a particular buzz word listed as a header, please consult the Index for keywords.

Collection and use of personal data for advertising purposes is valuable, common and increasingly controversial.

5.01

Direct marketing involves consumers receiving phone calls, email, text messages, postal mail or other marketing communications that are directly addressed to individuals. Advertisers and their service providers need to ensure that they:

5.02

Behavioral or targeted advertising involves companies building consumer profiles with extensive details on the interests and activities of individuals, which may include name and contact information (e.g., loyalty programs) or not (e.g., browser tracking profiles, see T – Tracking). Collection of the relevant data (e.g., through web tracking) requires the consumer’s prior, informed, express consent under laws in Europe, although in practice, a notice and opt-out system has evolved.

5.03

Sweepstakes often involve companies asking for contact information and other personal data, which is not problematic so long as they need and use such data only to administer the contest...

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