[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
[FYI] ASPs warn: EU Data Protection Laws fail to keep pace with technology
- To: debate@fitug.de
- Subject: [FYI] ASPs warn: EU Data Protection Laws fail to keep pace with technology
- From: "Axel H Horns" <horns@ipjur.com>
- Date: Thu, 15 Mar 2001 10:07:58 +0100
- Comment: This message comes from the debate mailing list.
- Organization: NONE
- Sender: owner-debate@fitug.de
http://www.allaboutasp.org/pr-06mar01.cfm
-------------------------------- CUT --------------------------------
ASPs WARN: EU DATA PROTECTION LAWS FAIL TO KEEP PACE WITH TECHNOLOGY
Calls for EC to review urgently the outmoded data laws to protect
individuals' rights and encourage business compliance
Rome, 6 March 2001 - The Application Service Provider (ASP) industry
is leading a call for the European Commission to review urgently the
data protection laws across Europe following a major new Europe-wide
research study published today. The report from the ASP Industry
Consortium (ASP IC) warns that laws driven by the EC's 1995 data
directive are implemented inconsistently across countries, leaving
businesses at risk from prosecution due to uncertainty over
compliance procedures, as well as an erosion in individuals'
protections.
"The Internet and web-based technology have fundamentally changed the
way in which people work and how data is processed and transmitted,"
said Jeff Maynard, European Chairman, ASP Industry Consortium.
"Online businesses such as ASPs want to be able to conduct operations
effectively while protecting the rights of individuals. However,
current data protection laws, which were written during an era when
data was relatively static, need to be changed to catch up with the
realities of an online, mobile world."
ASPIC is calling on the EC to consider a variety of changes,
including: - Uniform personal data protection laws throughout the EU,
with an exclusion of corporate data - Establishment of a central
European data protection authority to act in partnership with
countries to implement a common registration and notification process
and to monitor and adapt rules as technology changes - Redefinition
of the roles performed by service providers such as data processor
and data controller to reflect technological realities - Application
of the EU risk assessment approach to determine the adequacy of the
data protection laws in non-EEA countries
"We were surprised by the results of our research," said Richard
Wightman, the ASP IC's Research Committee European representative
overseeing this study. "While we knew that technology could be used
to subvert the intent of data protection laws, we did not expect to
find such wide latitude in the interpretation of the 1995 directive,
including the extension of the law to corporate data. Having
undertaken this major research programme, we are now in a position to
work with the EC on changes that will springboard the multi-billion
dollar ASP market both in Europe and across the world."
London-based law firm D.J. Freeman conducted the research on behalf
of ASP IC in 15 European countries and found that almost every region
was operating its own regime in terms of data laws.
Alexander Carter-Silk, of DJ Freeman, commented: "While EC data
legislation is not perfect, it does provide a solid foundation for a
standardised compliancy framework for the future. In terms of ASPs,
the situation in Europe is one where the economy has accelerated past
the law and an update is required - not only for the growth of the
business model in Europe, but also because the rest of the world is
looking to the EU to set the example in achieving cross-border data
compliance standards."
ASPIC, an international advocacy group with more than 700 member
companies, including 200 active company members in Europe,
commissioned the research project to address international data
protection laws and the impact they will have on the marketplace. It
concludes that there is an urgent need for ASPs to operate a highest
standard data protection compliance programme in order to comply with
relevant legislation in countries where they operate. The report was
one of more than a dozen custom research projects that have been
commissioned in the last year by the ASP IC Research Committee, which
is chaired by Sheila Lugenbuehl of Hewlett-Packard.
In addition to his role as European Chairman of ASPIC, Jeff Maynard
is Founder, Deputy Chairman and Chief Technologist of Netstore plc.
Richard Wightman is Strategic Marketing Manager for the Unisys ASP
Programme in Europe.
Maynard concluded: "International outsourcing creates challenges not
found in typical domestic outsourcing. They include cultural,
political, financial, technological, managerial and legal
considerations. Our research will help ASPs navigate this potential
legal minefield and give them a clear understanding of the issues
facing them - from diverse areas such as prohibited data content to
various tax considerations - when conducting business on a global
basis."
About the ASP Industry Consortium Founded in May of 1999, the
Application Service Provider Industry Consortium is an international
advocacy group of more than 700 companies formed to promote the
application service provider industry by sponsoring research,
promoting best practices, and articulating the measurable benefits of
the ASP delivery model. Its goals include educating the marketplace,
developing common definitions for the industry, as well as serving as
a forum for discussion and sponsoring research. Among the technology
sectors represented among the ASP Industry Consortium membership are
Independent Software Vendors (ISVs), Network Service Providers
(NSPs), Application Service Providers (ASPs), as well as emerging
business models and other sectors supporting the industry.
Information on the ASP Industry Consortium - including a full list of
member companies - is available at www.allaboutasp.org or by
contacting the Consortium's headquarters at: ASP Industry Consortium,
Inc., 401 Edgewater Place, Suite 500, Wakefield, Mass. 01880; Tel:
781-246-9321; Fax: 781-224-1239; e-mail info@aspindustry.org.
-------------------------------- CUT --------------------------------