Internet Newsletter for Lawyers
November/December 2002, by Delia Venables

E-privacy and Online Data Protection

This is a new book from Butterworths (September 2002, £95), written by Charles Russell's consultant Peter Carey and Berwin Leighton Paisner's lawyer Eduardo Ustaran. According to Butterworths, this is the first practitioner's guide to the data protection and privacy law issues affecting electronic commerce and business practice.

Here, Eduardo Ustaran describes why he felt that there was a gap in the field which needed filling and what areas the book covers.

"When Peter Carey approached me with the idea some months ago, I agreed that it was the right time to publish a book on this topic. Although the hype surrounding e-businesses has faded a bit, the pervasiveness of the web and e-mail means that areas like data protection have been radically changed and E-privacy law has become a new discipline altogether. Issues such as the surreptitious collection of data via cookies, the threat of spam and the continuous flow of personal information around the world require a radical rethink of the advice which we, as solicitors, need to give our business clients.

The main body of the book (written by Peter) deals with the tricky data protection issues faced by e-businesses, such as obtaining online consent, relying on privacy policies, e-mail marketing, outsourcing of web servers, data exports and e-surveillance at work. The book includes a CD-Rom containing 13 precedents (for which I am responsible) including web site privacy policies, data processing agreements with ISPs, contractual clauses for international data transfers, an employee code of conduct for e-mail and Internet use and standard data protection warranties for corporate transactions involving e-businesses."

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