EU Cookie Law: New Guidance Putting Privacy at Risk?

EU Cookie Law: New Guidance Putting Privacy at Risk?

Last year, the European Union (“EU”) enacted its Cookie Law. The question is, will it be obsolete before the latest compliance guidance can be applied? The latest update to guidance on the EU Cookie Directive, takes an ultra-conservative approach to the privacy issue. It requires website operators and advertisers to obtain “fully informed” consent from individuals before placing of cookies on their devices. At the end of October, the Article 29 Working Party, comprised of representatives from each Member State of the EU, issued a 2013 update to its guidance in this area. While its views and guidance are non-binding, the Working Party is an influential advisory body and, as it has in the past, may indicate the direction national regulators in the EU are moving towards.

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