8
Electronic Transactions
No. 33
“misleading advertising” means any advertising which in any
way, including its presentation, deceives or is likely to deceive a
person to whom it is addressed or whom it reaches and which, by
reason of its deceptive nature, is likely to affect his economic
behaviour or which, for those reasons, injures or is likely to injure
a competitor's economic or business interests;
“online public communication” means any transmission of
digital data, signs, signals, texts, images, sounds or messages, of
whatever nature, that are not private correspondence, by electronic communication means that enable a reciprocal exchange of
information between an issuer and a receiver;
“opt-in” means a system where a consumer gives consent to an
electronic communication service provider to receive any other
communication;
“open standard” means any protocol for communication,
interconnection or exchange and any format of interoperable data
whose technical specifications are public and the access or use
thereto is not restricted;
“personal data” means any information relating to an
individual who__
(a) may be directly identified; or
(b) if not directly identified, may be identifiable by reference
to an identification number or one or several elements related
to his physical, physiological, genetic, psychological, cultural,
social, or economic identity;
“place of business” means a place where a person has
established, in a stable and lasting way, his activity whatever it is,
and as regards a legal person, the place where its registered office
is located or where it has its principal activity;
“pornography” means visual material that depicts images of a
person engaged in sexually suggestive or explicit conduct;
“private key” means the key of a pair of an isometric cryptal
system used to create a digital signature by a holder of the
digital signature which is exclusively known by the holder and is
not made available to anyone;
“processing of data” means any operation or set of operations
which is performed upon 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;