Staying Safe in the Digital Age - Essential Tips for Responsible Online Behavior
It's crucial to emphasize responsible digital citizenship in today's digital age. Protect your privacy, stay informed about online risks, and lead by example to create a safer online world for everyone. Remember, your actions online have an impact on those around you. By taking small steps to protect yourself and share knowledge, you contribute to a more secure and responsible digital community.
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The Interplay between Data Protection Law and Consumer Protection Law Seminar: Seminar: DATA PROTECTION & CONSUMER PROTECTION at at Roma TRE Roma TRE - - Universit Friday, 10 March 2023 Friday, 10 March 2023 Universit degli degliStudi Studi, , Georgios N. Yannopoulos Associate Professor, School of Law, National & Kapodistrian University of Athens Director, Laboratory of Law & Informatics gyannop@law.uoa.gr
common aim protection of the welfare of individuals in the modern market economy Data Protection Law Consumer Law Objective To safeguard the fundamental rights and freedoms of Data Subjects (in particular, the right to the protection of PD) To safeguard the informed free choice of consumers Scope of application Enforcement regimes Personal Data Processing Contractual relationship between undertakings and final consumers National administrative authorities/ judicial system (depending on the country Member State) National supervisory authorities 2 gyannop@law.uoa.gr
1. GDPR: REGULATION (EU) 2016/679 on the protection of naturalpersons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 2. E-PRIVACY DIREC VE: Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) 3. DIRECTIVE ON UNFAIR COMMERCIAL PRACTICES: Directive 2005/29/EC The 4. DIGITAL SERVICES ACT: Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) framework 5. DIGITAL MARKETS ACT: Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 6. DIRECTIVE (EU) 2019/2161 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules 3 gyannop@law.uoa.gr
FOR ALL Point of contact: for recipients of service[12] / Legal representatives [13] Inform: terms & conditions & policies [14] (VL platforms in all EU languages [14 5,6] Transparency reporting obligations [15] FOR ONLINE PLATFORMS Internal complaint handling system [20] & Out-of-court dispute settlement [21] Transparency reporting (in addition to art. 15) [24] Number of disputes / suspensions / users Restrictions for advertising [26] Information for parameters Protection of minors [28] high level of privacy FOR TRADERS Tracebality of traders [30] Compliance by design [31] Inform for illegal products / services [32] The DSA FOR VL PLATFORMS Risk assessment [35]: any actual or foreseeable negative effects for the exercise of fundamental rights / for private and family life / for personal data / for freedom of expression Additional transparency for advertising [39] 4 gyannop@law.uoa.gr
Comparative Example A Unsolicited Communications as Unjustified Data Processing Comparative Example B Consumer as Data Subject: Parallel or Disjunctive Legal Basis of Protection? Unilateral Browse/Click Wrap Contracts: Is "Consent" adequate for GDPR? Case Study A Personal Data as the sole object of a Commercial Practice (e.g. promotional lotteries) Case Study B Consumer Metadata as valuable behavioral patterns: Commercial Property or Consumer Property ? What extent of applicability of the right to forget? 5 gyannop@law.uoa.gr
GDPR and UCPD (2005/29) Online manipulation: the culmination of a three-stage cycle from data collection (a form of data processing under EU law) through profiling to microtargeting or personalisation as a form of manipulation which can vary in degree from trivial to seriously harmful Consumer Manipulation: Automated decision making (including profiling) [EDPS Opinion 3/2018 on online manipulation and personal data] Targeted advertising/ online behavioural advertising results in: Lack of information; Restrictionof consumers options; Creation of necessities based on psychological traits and vulnerabilities Threatsto consumers autonomy: Lawfulness of data collection and Data Subjects right to object (under Art. 22 of the GDPR) in question. Threats to Data Subjects fundamental rights and freedoms 6 gyannop@law.uoa.gr
Cherries? Cherries? tutto fumo e niente arrosto Compliance: Mission Impossible Fra il dire e il fare c'e di mezzo il mare 7 gyannop@law.uoa.gr
