Possible Changes Ahead for Cookies Notifications

Posted on July 2, 2010 by Claire Molloy

The Article 29 Data Protection Working Party recently published an Opinion clarifying new EU rules concerning the use of cookies and similar devices.

The Working Party considers that prior opt-in mechanisms requiring an affirmative action by website users to indicate their willingness to receive cookies or similar devices would be "more in line" with the requirement to obtain informed consent as required under Article 5(3) of the ePrivacy Directive.  Up until now, website users have typically been notified about cookies by means of privacy statements and online terms and conditions. Due to the “affirmative action” referred to in the Opinion, it would appear that these mechanisms may no longer be sufficient.

The legislation in question (which is the revised ePrivacy Directive) must be transposed by 25 May 2011 and the precise means of notifying website users will depend on the implementation measures adopted by each individual Member State.

Based on the Opinion however it would appear that enhanced notification mechanisms may have to be adopted in the future. 

We will post further updates as they arise.
 

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