UVT, Alm.del - 2010-11 (1. samling) - Bilag 199: Orientering om implementeringen af e-databeskyttelsesdirektivets artikel 5, stk. 3

Dear Vice-President Kroes,In Denmark, the transposition and implementation of Article 5(3) of the revisedePrivacy Directive ranks high on the national information policy agenda.During the past eight months the Danish Ministry of Science, Technology andInnovation has engaged in an intense and ongoing dialogue with national and in-ternational representatives of the online industry, the Danish Data Protection Au-thority, the European Data Protection Supervisor, consumer protection bodies,the European Commission and a range of other significant stakeholders. On sev-eral open conferences and workshops, we have discussed the practical implica-tions of the revised Article 5(3), including the idea of business self-regulationwhich you addressed at the European Roundtable on the benefits of Online Ad-vertising for Consumers on 17 September 2010.In March 2011 we had a publicconsultation on the proposed Danish legislative framework for the implementa-tion of Article 5(3). These efforts have been conducted with the aim of ensuringthe best possible implementation of Article 5(3) into Danish law, taking into ac-count the need to protect users on the web as well as ensuring continuous growthand development of the online industry.However, consultations with other Member States have reflected a highly diverseinterpretation and implementation of the new rules across Europe - especiallywith regard to the legal and practical requirements arising from the new conceptof “consent” in the revised article.Varying national implementations of the revised Article 5(3) may lead to signifi-cant distortion of competition among Member States. For instance, online serviceproviders would most likely be deterred from establishing themselves in MemberStates with more restrictive interpretations of the requirements of consent due toincurred added costs.From a consumer point of view, varying national implementations would lead tomany different terms of service and thus lack of transparency and recognisabilitywith regard to how users’ privacy is protected when using any given service. Theresult could be confusion, a lack of real informed choice and possibly, as a result,a slower rate of adoption of European digital online services.

Online service providers as well as consumers would have an advantage or dis-advantage on the European market depending on the national implementation ofthe Member State in which an online business is based.I find it of paramount importance that Member States strike the right balance be-tween considerations of protecting users’ privacy and considerations of how theonline industry may continue to thrive so we do not involuntarily impede Euro-pean growth. This will also be crucial for the continued development of singleEuropean digital market.Further guidance from the Commission on this matter would be highly appreci-ated in the Danish efforts to complete the implementation of Article 5(3), whichwill continue over the coming months.

Minister of Science Technology and Innovation