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IRIS 2010-8:1/6 European Commission: Article 29 Working Party - Opinion on Behavioural Advertising

The EU’s Article 29 Data Protection Working Party has adopted an Opinion on data protection law as applied to behavioural advertising. In its Opinion, it gives legal guidance on legal issues related to the tracking of internet users when they surf the net. Amongst other issues, it addresses the permissibility of the use of cookies and it clarifies the legal responsibility of online content and advertising network providers under European data protection laws. Behavioural advertising involves the tracking of internet users’ online behaviour in view of the targeting of advertising to internet users...

IRIS 2010-7:1/29 [MT] Malta Transposes the AVMS Directive

On 1 June 2010, the European Union Audiovisual Media Services (AVMS) Directive was transposed in its entirety into Maltese law. This was done through eight different pieces of legislation. The Broadcasting (Amendment) Act, 2010 - Act No. IV of 2010 - was enacted by Parliament and published in the Malta Government Gazette of 4 June 2010. This law entered into force on 1 June 2010 in accordance with Legal Notice 320 of 2010, the Commencement Notice of the Broadcasting (Amendment) Act. Whilst Act No. IV of 2010 transposed several of the AVMS Directive’s rules, certain other provisions of the Directive...

IRIS 2010-7:1/28 [LV] Progress of the New Electronic Media Law in Latvia

As reported previously (see IRIS 2009-10: 16/22) Latvia is planning to adopt a new Electronic Media Law which is intended to transpose the AVMSD. The Electronic Media Law (Draft) is not the first draft intended to replace the 1995 Radio and Television Law currently in force. As media laws have traditionally been a widely discussed topic among the Latvian public, the previous attempts have been unsuccessful. Also, the progress of the Draft in the Saeima (Latvian Parliament) is far from smooth. However, it may be hoped that this draft will be adopted, as otherwise Latvia may face severe consequences...

IRIS 2010-7:1/22 [GB] Competition Authorities Require Restrictions on Advertising Contracts to Continue

The UK Competition Commission, the country’s main competition authority, has decided that the Contract Rights Renewal (CRR) undertakings required of ITV1, the largest commercial broadcaster, are to continue. The undertakings were imposed by the Competition Commission and the Secretary of State after the merger of Carlton and Granada in 2003 to create a single ITV plc. They reflected concerns about the effect of the enhanced market position of the new company on competition in the sale of television advertising airtime. The undertakings allow buyers of advertising airtime to roll forward their pre-merger...

IRIS 2010-7:1/21 [FR] CSA Lays down Conditions for Broadcasting Audiovisual Advertising of On-line Games and Betting

The Act designed to open up to competition and regulate the on-line gaming sector adopted on 6 April 2010 was gazetted on 13 May 2010, after validation by the Constitutional Council, thereby achieving the French Government’s aim of allowing the market to be liberalised before the start of the football World Cup. The Act is intended to open up the market for on-line gaming (betting on sporting events, betting on horse racing, and poker) in a regulated fashion by authorising, through the new authority regulating on-line gaming (Autorité de Régulation des Jeux en Ligne - ARJEL), operators who will...