Business Justice Science EU Nat. Gov’ts ParliamentCommission Nat. Parliaments DPA IAB Consumers Int. Nat. WP29 Nat. IABs
EU-dir ective 2002/ 58The wording of the final draft of Article 5(3) provides that:“Member States shall ensure that the storing of information, or thegaining of access to information already stored, in the terminalequipment of a subscriber or user is only allowed on condition thatthe subscriber or user concerned has given his or her consent,having been provided with clear and comprehensive information, inaccordance with Directive 95/46/EC, inter alia, about the purposesof the processing. This shall not prevent any technical storage oraccess for the sole purpose of carrying out the transmission of acommunication over an electronic communications network, or asstrictly necessary in order for the provider of an information societyservice explicitly requested by the subscriber or user to provide theservice.”
But how to implement?Opt-out via browser-settings? Opt-in?
Press ReleaseCommuniqué de presseMitteilung für die Presse Brussels, 24 June 2010ARTICLE 29 DATA PROTECTION WORKING PARTYOpt-out is not sufficientEuropean Data Protection Authorities clarify EU rules ononline behavioural advertisingThe European Data Protection Authorities (the Article 29 DataProtection Working Party) today published an Opinion clarifyinghow EU rules apply to online behavioural advertising.(http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2010/wp171_en.pdf)
COCOM Working Document COCOM10-34 25.10.2010Problem: no real guidanceThe document does not provide any real support to the national governments on how toimplement the law- misses out on business arguments: it does not frame the debate from a business point, i.e.the potential damage of a wrongful implementation to Europe’s digital uptake;- misses the role of browser
Key Points and Arguments:Cookies have a bad reputation and it will be important toemphasise the positive aspects of cookies. Cookies are the mostuser-friendly way of storing information:- cookies are harmless, they cannot be used for malicious actions(e.g. install malware or viruses);- they are stored locally on a user PC, not centrally at a companylevel;- therefore cookies can be easily deleted by the user;- they can be easily managed by the user to a high degree throughthe browser settings (and other settings manager tools for LSOs /„flash cookies‟);
IAB EuropeConsumers driving the digital uptakeSeptember 2010Study by McKinsey for IAB:Value of free services: 40€ per household...