Monday, May 28, 2012

EU law requiring consent for cookies modified by British to allow implied consent

The European Union's "cookie law" (EU Directive 2009/136/EC) went into effect over the weekend, which requires:
Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information.... Users or subscribers shall be given the possibility to withdraw their consent for the processing of traffic data at any time.
Thus, for websites to use cookies to track users, they must first obtain the user's consent. Though the law was passed in 2009, many websites had not complied, leading the British government to advise websites on Thursday that "implied consent" would suffice.

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