Cookies - To Consent or Not to Consent: That is the Question
Published December 2009
Under a new law passed by the European Parliament on 24th November, cookies can only be stored on a computer if the user has given their consent after being provided with clear and comprehensive information – unless the cookie is absolutely necessary to provide a service requested by the user.
A cookie is a small piece of text stored on a user’s computer for authentication purposes and to remember specific information about them, such as site preferences or the contents of their shopping cart. Publishers and advertisers use cookies to select adverts for websites.
Advertising trade bodies are arguing that publishers will not need to seek explicit consent from users, as this will be implied through the browser settings. These can be changed to block or enable all or some cookies.
A recital or non-biding preamble to the text states that some cookies can be consented to through the browser settings, but no mention of this is made in the text itself, suggesting that it will be necessary to obtain active consent.
The advertising trade bodies are urging European countries to interpret the laws as set out in the recital to avoid disruption of internet usage and reduced consumer trust.
