FITUG e.V.
Förderverein Informationstechnik und Gesellschaft
FITUG e.V.Förderverein Informationstechnik und Gesellschaft |
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http://www.allaboutasp.org/pr-06mar01.cfm
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.
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