New European Union digital privacy rules for E-commerce companies came into force on October 31, setting new standards that will have to be heeded by all companies with clients in the 15 member countries of the bloc.

The Directive on Privacy and Electronic Communications sets standards for the protection of privacy and personal data in electronic communications. The directive also introduces a ban on spam throughout the EU.

Companies are under basic obligations to ensure the security and confidentiality of communications over EU electronic networks, including Internet and mobile services.

The directive is very specific in some areas. For example it sets conditions under which companies may install ‘cookies', or tracking files, on users' personal computers and for using location data generated by those using mobile phones.

Some may call the new rules unenforceable but there are good reasons for everyone to let out at least a feeble cheer as the EU takes on the battle against spam and privacy breaches.

Of course setting the standard means nothing unless it is enforced and the initiative might all get lost in the vast EU bog. At least, individuals now have a tool, once legislation is put into force in the 15 member states, to batter the companies that are destroying the usefulness of e-mail.

As the EU's enterprise commissioner, Erkki Liikanen, said, the directive is a “key tool to strengthen consumer confidence in the Internet and electronic communications, which is a prerequisite for the success of e-commerce and, indeed, the information society”.

Grand buzz words indeed, but he's right.

I'm getting to the point where I dread opening up my three e-mail boxes each day, for the flood of spam has become unbearable. All those offered potions, mortgages, business deals, sons or wives of dictators in West Africa, the trash photographs - it's all too much. This is when I would like to step to the window and do the Peter Finch yell in the film ‘Network' -”Stand up wherever you are, go to the nearest window and yell as loud as you can, ‘I'm mad as hell, and I'm not going to take it anymore.'”

Okay, it's not as bad a problem as the economic depression Finch was yelling about, but you get the point.

The EU already had one of the strictest data and privacy protection legislation in the world before bringing in the new rules governing electronic communications.

As noted in a previous column, Bermuda, which already has legislation in place governing electronic communications, is now embarking on bringing in its more general data protection law for all companies handling information on individuals.

The EU established its General Data Protection Directive in 1995 and has added to it through various directives, including the new one, to make it technologically neutral.

The point of the standards is that the EU requires all companies, whether in the EU or outside, to follow them.

This has had an effect. EU-inspired data protection laws are now being followed in Canada, South American countries, Australia, New Zealand and parts of Asia. But not in the US, which remains outside of countries approved by the EU as having adequate legislation.

The EU does not allow the transfer of personal data unless the entity in a third country has signed up to a special contract on data protection and is subject to equivalent data protection laws in its own jurisdiction.

A data transfer may also occur between an EU member and another country in cases where residents have given their explicit permission for their data to be transferred.

Background information on the EU's new electronic commerce rules is available on the Internet at: http://europa.eu.int. Click on ‘Activities', then ‘Information Society' to find all the information on data protection and electronic commerce.

After reading about the enthusiasm by a BlackBerry user in Bermuda who claimed to save 30 minutes a day through using the device, another person e-mailed this response:

“The question is, how much productivity is it destroying elsewhere as we have to understand brief and cryptic BlackBerry messages sent while users are only half concentrating!”

Tech Tattle deals with issues in technology. Contact Ahmed at editor@offshoreon.com.