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Applying the EU's Data Protection Law

By Guy Wheeler
April 01, 2004

Many Web sites, particularly e-commerce sites, collect large amounts of personal information about individuals ' such as their e-mail address, home address and banking details.

Given the ever-increasing amount of data that is collected and the sensitivity surrounding the use of personal data for market research and e-commerce purposes, Web site owners need to be aware of how they use the information they have collected and their obligations to the individuals concerned.

In Europe, the European Union (EU) Data Protection Directive 1995 (Directive) aims to provide a working balance between the needs of data users and the public by facilitating and encouraging the free movement of personal data, while at the same time respecting the fundamental rights and freedoms of individuals ' notably their right to privacy. The Directive is intended to harmonize the position in European member states that, in the past, afforded different levels of protection to individuals. In particular, the Directive gives national regulators powers to control what type of data can be processed abroad and allows them to halt exports of personal data to countries deemed not have adequate protection, such as the United States.

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