UNITED KINGDOM
FSA statement on 'have read and understood' declarations
The FSA have published a Statement regarding 'have read and understood declarations'. The Statement follows an undertaking published in January 2009 from The On-Line Partnership Limited. This related to a term in their terms of business: "I confirm that I have received, read and understood this agreement and agree to the terms set out within". The FSA considered that this term was unfair under regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) because it bound consumers to terms of which, in practice, they may not have any real awareness.
The FSA Statement explains its views on "have read and understood" declarations and the approach that firms should take when drafting or relying on consumer declarations of this type.
Click here to view statement.
EUROPE
Advocate General Opinion on personal data case
Advocate General Sharpston has delivered an Opinion in Volker und Markus GbR v Land Hessen, Cases C-92/09 and C-93/09, 17 June 2010.
The case challenges the validity of EU legislation which requires disclosure of the amounts awarded to farmers from CAP funds, together with their names, municipality of residence and, where available, postcode.
According to the AG's opinion, whether the publications were a proportionate interference with the right to privacy under Article 8 of the European Convention on Human Rights and the right to protection of personal data under the Data Protection Directive (95/46/EC) turned on whether there was a plausible explanation for why a particular form of publication, at a particular level of detail was necessary, appropriate and proportionate to achieve the aim that publication was intended to serve.
Click here to view the report.
European Commission adopts draft agreement to track terrorist finance
The European Commission has adopted a draft agreement between the EU and the US on the processing and transfer of banking data for the purposes of the US Terrorist Finance Tracking Programme. The draft Agreement significantly strengthens data protection guarantees concerning transparency, rights of access, rectification and erasure of inaccurate data.
The draft agreement must still be approved by the Council and by the European Parliament.
Click here to view the press release.
SeCure
SeCure is Addleshaw Goddard's unique, holistic and pragmatic approach to information management for organisations who have suffered an information breach or who may be concerned about their potential exposure. SeCure seeks to minimise risk and the impact of information losses on an organisation's business, through three interdependent approaches, addressing the commercial and legal requirements at each stage of the information management cycle.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
