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EUAustria Data Protection Act (DSG) - Section 24 (6)Respondent can remedy alleged infringement while proceedings are pending and complainant must explain why they consider infringement not remedied, otherwise procedure is discontinued.EUFederal Constitution (Austria) - Article 8German is Austria's official language, but its autochthonous ethnic groups and Austrian sign language are recognized, respected, safeguarded, and supported.USACalifornia Consumers Legal Remedies Act, CAL. CIV. CODE § 1750Provides consumers with a private cause of action for relief from deceptive or unlawful practices in transactions for goods or services.USACalifornia’s False Advertising Law, CAL. BUS. & PROF CODE § 17500Prohibits the dissemination of any false or misleading statements in advertising.EUUK Code of Non-broadcast Advertising, Sales Promotion and Direct MarketingSets standards for advertising, sales promotion, and direct marketing practices in the UK.USAChildren’s Online Privacy Protection Act RulePrevents dishonest or misleading actions involving the gathering, utilization, and/or exposure of children's personal information on the Internet USAConsumer Financial Protection ActCFPA prohibits unfair, deceptive, and abusive acts and practices when offering or providing consumer financial products or services.USAArizona Consumer Fraud Act, A.R.S. § 44-1521Prohibits deceptive practices, fraud, and misrepresentations in the sale or advertisement of merchandise. USAConsumer Fraud Act, New Jersey, Stat. Ann. § 56:8-2Prohibits deceptive acts or unfair practices related to the sale or advertisement of any merchandise.USANew York Consumer Fraud Statute, N.Y. GEN. BUS. LAW § 349Prohibits deceptive acts and practices in business or service, allows AG action against violators, and private right of action for injured individuals with increased damages for willful violations.EUConsumer Contracts (Information Cancellation and Additional Charges) Regulations, 2013 Grant consumers the right to cancel contracts for goods or services made through remote communication channels such as the internet, email, or telephone.EUConsumer Protection from Unfair Trading Regulations, 2008Prohibit traders across all sectors from using unfair commercial practices that hinder consumers from making informed purchasing decisions.EUConsumer Rights Act, 2015Covers various aspects of consumer transactions, including the sale of goods and services, digital content, unfair contract terms, and remedies for faulty goods.EUUnfair Terms in Consumer Contracts Regulations, 1999Aim to protect consumers against unfair standard terms in standard term contracts.USACAN-SPAM Act - Section 5(a)(1) & 15 U.S.C. § 7704(a)(1)Prohibits the transmission of electronic messages with materially false or misleading header information, aiming to prevent deceptive practices in commercial email communications.EUConsumer Protection Cooperation (CPC) Regulation (2006/2004/EC)Promotes cooperation among EU member states to enforce consumer protection laws.EUDirective 95/46 - Article 2(h)Defines "data subject's consent" as freely given, specific, and informed indication of agreement to personal data processing.EUDirective 95/46 - Article 6Outlines the basic principles of fair and lawful personal data processing, including specified and legitimate purposes, adequacy, accuracy, and appropriate safeguards.EUDirective 95/46 - Article 7 Sets out the legal grounds for processing personal data, including consent, contract, legal obligations, vital interests, public interest, and legitimate interests, while protecting the rights of the data subject.USADistrict’s Consumer Protection Procedures Act § 28-3904Outlines various unfair or deceptive trade practices, including misrepresenting goods or services, falsely claiming affiliations, quality, or characteristics, and using innuendo to mislead EUDutch Civil Code (Unfair Commercial Practices) - Section 6.3.3AProhibits unfair commercial practices, including misleading and aggressive practices, and provides remedies for consumers who have been harmed by such practices.EUDutch Policy Rules Administrative Fines 2019Outlines the use and calculation of administrative fines for violations of privacy laws.EUElectronic Commerce (EC Directive) Regulations 2002Establish the legal framework for online retailers and service providers to comply with while conducting business with consumers.USAElectronic Fund Transfer Act (EFTA)Requires disclosures for consumer financial products or services to be clear, easily understandable, and provided in a format that can be retained by the consumer.EUePrivacy Directive - Article 5(3)Requires website operators to obtain user consent before storing or accessing information on the user's device through cookies or similar technologies.USAFair Credit Reporting Act - 15 U.S.C. §§1681-1681Mandates consumer reporting agencies to implement fair and accurate procedures for handling consumer credit information, ensuring confidentiality and relevance while upholding consumer rights.USAPrivacy Rule, 16 C.F.R. Part 313 (Recodified at 12 C.F.R. § 1016)Requires financial institutions to notify customers about privacy policies, sets conditions for disclosing information to third parties, and provides opt-out rights to customers.USAFederal Trade Commission Act - Section 5(a), 15 U.S.C. § 45(a)Prohibits deceptive acts or practices that misrepresent or omit material facts.EUCodice Privacy - Article 130 Prohibits the use of automated calling and communication systems for unsolicited promotional purposes, except with the prior consent of the data subject or for legitimate interest of the data controller.EUFrench Data Protection Act - Article 82Users must give informed and unambiguous consent and receive clear information about cookies, including processing purposes and data controller identity, according to the law.EUGDPR - Article 03Defines the territorial scope of GDPR EUGDPR - Article 04(11)Consent is a voluntary agreement by an individual for their personal data processing, after being informed of its specific purposes and conditions.EUGDPR - Article 04(16)Defines the term "main establishment" for controllers and processors operating in multiple EU member states.EUGDPR - Article 05Requires personal data to be processed lawfully, fairly, and transparently.EUGDPR - Article 06Legal basis for processing personal data are performance of contract, legal obligations compliance, protection of vital interests, controller's legitimate interests, and data subject's consent.EUGDPR - Article 07Valid consent conditions include being freely given, specific, informed, and unambiguous, and the data subject should be able to withdraw it anytime.EUGDPR - Article 08Establishes rules for processing personal data of children under the age of 16.EUGDPR - Article 09Outlines the rules and restrictions surrounding the processing of sensitive personal data.EUGDPR - Article 12Ensures transparent information and easy access for individuals to their personal data processing, with the right to obtain a copy in a clear and common format.EUGDPR - Article 13Controllers must provide identity, contact details, processing purposes and legal basis, recipient information, retention period, and data subject rights when collecting personal data.EUGDPR - Article 14Specifies required information for data subjects when collecting personal data from other sources, including controller identity, processing purposes, personal data categories, recipients, and retention period.EUGDPR - Article 15Grants individuals the right to access their personal data and receive information on how it is processed.EUGDPR - Article 17Grants individuals the right to have their personal data erased under certain circumstances.EUGDPR - Article 21Gives individuals the right to object to the processing of their personal data in certain situations.EUGDPR - Article 24 Requires data controllers to implement appropriate measures to ensure data protection and to demonstrate compliance with GDPR.EUGDPR - Article 25Mandates that data protection must be incorporated into the design of systems, and that privacy must be a default setting for all data processing activities.EUGDPR - Article 28Outlines data processors' responsibilities, including implementing appropriate security measures, processing data based on controller instructions, and maintaining records of processing activities.EUGDPR - Article 32Requires controllers and processors to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.EUGDPR - Article 33Requires controllers to notify the supervisory authority without undue delay if a personal data breach is likely to result in a risk to the rights and freedoms of individuals.EUGDPR - Article 37Outlines the appointment of a Data Protection Officer (DPO) for certain organizations.EUGDPR - Article 38Requires the appointment of a Data Protection Officer (DPO) in certain circumstances.EUGDPR - Article 39Outlines the role of the Data Protection Officer (DPO) within organizations.EUGDPR - Article 42Outlines the certification mechanisms available for demonstrating compliance with the regulation.EUGDPR - Article 43Mentions certification bodies as a potential entity to provide accreditation and certification for data protection compliance.EUGDPR - Article 57Outlines the tasks and powers of the supervisory authorities.EUGDPR - Article 58Empowers supervisory authorities to carry out investigations and order controllers and processors to comply with the regulation.EUGDPR - Article 83Outlines conditions for fines and penalties for non-compliance, including up to 4% of global annual revenue or €20 million, whichever is greater.EUGDPR - Recital 32Consent should be specific, informed, unambiguous, cover all processing activities, and not inferred from silence or pre-ticked boxes, must be clear, concise and non-disruptive.EURomanian Data Protection Act (Law No 677/2001) - Article 32 Imposes fines ranging from 10 million to 250 million ROL for contraventions involving the processing of personal data in breach of specific provisions.EUSpanish Data Protection Law (LOPDGDD) - Article 11 Related to transparency and information to the affected party, and it requires the controller to provide certain information to data subjects when collecting their personal data.EUSpanish Data Protection Law (LOPDGDD) - Article 6 Establishes the principles of lawfulness, fairness, and transparency in the processing of personal data.EUGerman Competition Act - Section 19a(2)Empowers the Bundeskartellamt to designate influential undertakings vital for competition across markets, enforcing regulations to prevent unfair practices and periodically reviewing its impact.USAGramm Leach Bliley Act Act - Section 501, 15 U.S.C. § 6801Requires financial institutions to protect the confidentiality and security of customers' personal information.USAGramm Leach Bliley Act Act - Section 502, 15 U.S.C. § 6802Requires financial institutions to provide privacy notices to customers and to safeguard nonpublic personal information.USAGramm Leach Bliley Act Act - Section 503, 15 U.S.C. § 6803Requires financial institutions to disclose to customers their privacy notices explaining how their personal information is collected, shared, and protected.EUItalian Consumer Code - Article 20Defines the terms related to advertising, including misleading and comparative advertising, and identifies the advertiser.EUItalian Consumer Code - Article 21Considers all aspects of advertising to determine if it is misleading, including information on products, prices, and the advertiser's attributes and rights.EUItalian Consumer Code - Article 22Describes the conditions that must be met for comparative advertising to be permitted, including requirements for honesty, fair comparison, non-discrediting of competitors, and clarity regarding special offers.EUItalian Consumer Code - Article 24Requires advertising to provide information about potential health and safety risks associated with products.EUItalian Consumer Code - Article 25Prohibits advertising that encourages behavior that is potentially harmful to children.EUMarketing Control Act - Section 6, 8 and 9Unfair commercial practices, including misleading and aggressive tactics, are prohibited, targeting vulnerable groups and emphasizing disclosure of material information for informed consumer decisions.USANorth Carolina Automatic Renewal Statute, N.C.G.S. Section 75-41(a)Mandates transparent disclosure and cancellation procedures for contracts with automatic renewal clauses, rendering non-compliance void and unenforceable EUPrivacy and Electronic Communications (EC Directive) Regulation 2003 - Regulation 2(1)Provides definitions of various terms used in the Privacy and Electronic Communications EUPrivacy and Electronic Communications (EC Directive) Regulation 2003 - Regulation 21Prohibits unsolicited electronic marketing communication without prior consent, except in certain circumstances.EUPrivacy and Electronic Communications (EC Directive) Regulation 2003 - Regulation 22Regulates the use of electronic communications for direct marketing purposes, including requirements for consent, opt-out options, and cookie disclosure.USAROSCA - Section 4, 15 U.S.C. § 8401The internet must provide clear and accurate information to consumers, and the use of "data pass" to share billing information with third parties for unwanted memberships undermines consumer confidence.USAROSCA - Section 4, 15 U.S.C. § 8402Prohibits unfair and deceptive Internet sales practices, including misleading representations, failure to disclose material terms, and charging consumers without their express informed consent.USAROSCA - Section 4, 15 U.S.C. § 8403Requires companies to obtain consumer's consent before charging their credit or debit cards for goods or services offered through a "negative option feature."USAROSCA - Section 4, 15 U.S.C. § 8404Specifies the enforcement provisions for violations of the Act by the Federal Trade Commission, including penalties and privileges.USAROSCA - Section 4, 15 U.S.C. § 8405Allows State attorneys general to bring a civil action in federal court to obtain injunctive relief for alleged violations of ROSCA, with certain requirements and limitations.EUSpanish Law on Information Society Services - Article 21Prohibits the sending of commercial communications by email or other electronic means without the prior consent of the recipient.EUSpanish Law on Information Society Services - Article 22Requires informed consent for the use of data storage and retrieval devices, unless they are strictly necessary for service provision, and mandates clear information provision for such use.EUUnfair Commercial Practices Directive - Article 5Prohibits misleading commercial practices.EUUnfair Commercial Practices Directive - Article 6 Outlines what constitutes a misleading commercial practice that could deceive the average consumer into making a transactional decision they would not have otherwise taken.EUUnfair Commercial Practices Directive - Article 7Requires traders to provide material information and not to hide or obscure it in any way, in order to avoid misleading consumers and affecting their transactional decisions.USAUnfair Competition Law, CAL. BUS. & PROF CODE § 17200Prohibits unfair and unlawful business practices that deceive or mislead consumers in California.USAWashington Consumer Protection Act - Wash. Rev. Code §§ 19.86.010Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

EU

Austria Data Protection Act (DSG) - Section 24 (6)

Jurisdiction

EU

Law

Austria Data Protection Law (EU)

Date

31 Jul 2017

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