Commercial Communications and Services in the Information Society: Data Protection

AutorProf. Dr. Isabel Hernando
Cargo del AutorCommercial Communications and Services in the Information Society: Data Protection

Basically, commercial communications are all forms of communications designed to promote, directly or indirectly, the goods or services or image o a company, organization or person pursuing a commercial, industrial or craft activity or exercising a regulated profession. Therefore, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services is commonly considered as services of the Information Society.

Businesses taking advantage of these capabilities include online marketing and advertising services, information services (financial, legal, medical); those engaged in the sale of real estate, the sale of medicines, products (wines, clothing, flowers, books, etc. ), the distribution of music, electronic banking, auctions, gaming and gambling.

These services are often already heavily regulated by national and international laws, and their migration 'on-line' create a new legal threshold from which the following assumptions can be made:

Data Protection.

The protection of personal data is another element which is key to commercial communication and the services of the information society. The purpose of data protection is to offer protection to persons whose personal data is the object of processing (understood as any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction; ).

Personal data includes all information with respect to a physical person that may lead to that persons identification, whether such information consists of a number or a physical, physiological, mental, economic, cultural or social characteristic. Personal data may be present in all correspondence from point to point sent through the Internet (e-mail) , in chat groups, on bulletin boards, in chat rooms, while navigating to and between Internet web sites (e. g. data created by cookies, web-casting) , in the acquisition of goods and services over the Internet (e. g. lists of buyers of on-line newspapers, of on-line medical information, of on-line pharmaceutical services, of on-line social security files, service agencies that manage databases of personal information (persons wanted, gamblers on the Internet...

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