On May 25, 2011, the deadline for implementing the European Cookie Directive expires
Category: NachrichtenBy: R. Olschewski - 2B Advice GmbH - the privacy benchmark
In the UK there is currently a lively discussion about the implementation of EU directives on legally compliant consent to install cookies. German legislators have not yet passed the necessary changes or additions into law. Furthermore, no other EU country has yet effectively implemented the EU requirements within the last 3 years.
British Data Privacy Commissioner Christopher Graham is among the first to publish a recommendation for implementing the so-called European Cookie Directive.
Browser cookies are used by Internet service providers to obtain information about the usage behavior of Internet users. Up until this point there has been criticism that users do not have any influence on cookie data, and that they are generally unaware of the content, extent and duration of data storage.
According to press reports on this subject, the German Federal Data Privacy Commissioner, Peter Schaar, also sees a need for legislative action with the purpose of only allowing cookies if the user gives his/her informed consent. Consent must occur on the basis of clear and comprehensive information. A required legal provision, for example, could be incorporated into the German Telemedia Act.
The principal supervisory authorities for data privacy in the non-public sector (Düsseldorfer Kreis) already called for legislative action as long ago as November 2010.
Discussion is ongoing with regard to other solutions on the subject of content. On the one hand, consent could be given by means of a one-off adjustment to browser settings. Other discussions center around whether a banner icon could appear on the website, providing the user with the necessary information.
Nor has it been decided yet whether different levels of consent could be necessary depending on the cookies’ degree of invasiveness. Flash cookies could, for example, only be acceptable with express permission; however, essential session cookies could be acceptable even without consent.
All companies that use the Internet must be prepared to respond to the future requirement that the European regulations must be displayed on their websites. In the future, the user's informed consent will be required if cookies are used on the website.
More information:
eur-lex.europa.eu/LexUriServ/LexUriServ.do
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