The French data protection authority recently adopted a recommendation dealing with the retention of credit card numbers by distance sellers. The recommandation recognizes that credit card numbers are used not only for payement, but also for identification and fraud prevention purposes. It has implications for most e-commerce operators established in France.

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In adopting the first reading of a draft law implementing the Personal Data Directive, the Senate has provided for an optional regime whereby, under certain circumstances, data controllers would be exempt from the obligation to file prior declarations of automatic data processing with the authority. The regime may lighten the burden on e-commerce operators to file such declarations.

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The Unfair Terms Commission has issued a list of clauses in consumer agreements with internet service providers (ISPs) that it deems to be unfair. The recommendation deals separately with clauses deemed to be unfair in all internet access provision agreements, and those which are unfair only if a consumer or non-professional pays the ISP for its internet access services.

http://www.internationallawoffice.com/ld.cfm?Newsletters_Ref=6495

The government has issued a working draft for a Law on Digital Economy, which will implement the E-commerce Directive. The working draft offers provisions on email marketing, electronic contracts and encryption that are similar to a previous government's draft, but makes key changes with regard to the liability of internet intermediaries.

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