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Overseas news

More countries chasing “adequacy” status

Israel and Andorra have joined the small group of countries which are deemed to have “adequate” data protection regimes meaning that European data can be readily exported there. Other countries currently on the 'safe' list are Argentina, Canada, Switzerland, Guernsey, the Isle of Man, and Jersey. The USA also operates selective adequacy arrangements through its “Safe Harbor” system.

Meanwhile Hong Kong - which has ambitions towards adequacy - seems even further away than ever after its review of data protection law failed to put in place effective export controls. Currently the law prevents transfer to places without data protection but data is regularly transferred to China where there is no such regime.

Opt-in, opt-out shake it all about

Odd things have happened in two European states with a reputation for tough data protection regimes.
Not wholly supported by the local Data Protection Authority, the Italian Parliament has passed a general resolution which alters the Italian Data Protection Code making telemarketing an opt-out medium. The resolution also requires the creation of a telephone preference service similar to the UK model. This comes as a considerable shock for marketers after 5 years under a strict opt-in regime.

On 28th December last year, the Spanish DMA announced with glee that email, faxes and telemarketing calls would no longer require very strict opt-in conditions. It seems that the Spanish Parliament changed the requirement from explicit to implicit consent by altering a single verb in a single sentence of the existing law.

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