The dreaded Brussels “cookies law” – which has forced every website owner to gain consent for using browsing data – is set to be rewritten again on the orders of European Commission president-elect Jean-Claude Juncker.
The law, part of the wider Privacy and Electronic Communications (e-Privacy) Directive, was last overhauled in 2009 and resulted in changes to the way site operators display information about cookies.
However, Juncker has said further reforms should be introduced, from as early as next year.
In a letter to Günther Oettinger, the prefered candidate for the EU commissioner for digital economy role, Juncker said: “During our mandate, I would like you to focus on supporting the vice-president for the digital single market and the commissioner for justice in finalising the negotiations on an ambitious Data Protection Regulation in 2015.
“On the basis of the outcome of this legislative process, you should prepare a reform of the e-Privacy Directive, liaising closely with the vice-president for the digital single market, with the support of the commissioner for justice.”
The most recent research shows more than half of businesses are still not compliant with the cookie directive, nearly two years after the legislation was introduced.
However, the picture is confused due to advice issued by the UK Information Commissioner’s Office. The EU directive called for “explicit” consent, yet the ICO watered down this demand by allowing firms to opt for “implied” consent.
This meant that website operators could simply put up text to say “continued browsing of this website implies consent” rather than force users to tick an opt-in box.
Pinsent Masons information law specialist Marc Dautlich welcomed the move as a chance to sort out the mess. He said: “Reforming the e-Privacy Directive would provide an opportunity to improve on the way rules on cookies were altered in 2009 and address the rise of other technology that is expected to replace cookies for tracking individuals’ online behaviour and the idiosyncrasies of how that technology works.”
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New threat to toughen up dreaded EU cookies law http://t.co/6HTPO6bwBk #digitalmarketing #directmarketing #data #dataprotection #advertising