[Chapter-delegates] EU Cookie law

[Marcin Cieslak]

> On 07/11/2012 10:07 AM, Eduard Tric wrote:

> Hi all ,
> I am wondering if there is already an Isoc position (especially
> at EU level ) regading the new EU "Cookie law" (advantages
> /disadvangers and impact for end-users and sites ) .

On Wed, 11 Jul 2012, Carlos A. Afonso wrote:
> Hmmm... I missed that. Is it a law or a bill of law? And if law, is it
> EU-wide?

It's the same directive I mentioned in a reply to an earlier post
by Narelle Clark to this mailing list:

(...)

The European Union has a directive, 2002/58/EC, that deals with the
subject of privacy and e-commerce. After its recent ammendments
it's being called sometimes "cookie directive". So now the shift
is more towards consumer-protection-style e-commerce regulation
vs. traditional telecommunications.

Some summary of the regulatory framework in Europe:

http://europa.eu/legislation_summaries/internal_market/single_market_services/l24120_en.htm

Here's a text of the EU directive 2002/58/EC:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:EN:NOT

> Article 5
>
> Confidentiality of the communications
>
> 1. Member States shall ensure the confidentiality of communications
> and the related traffic data by means of a public communications
> network and publicly available electronic communications services,
> through national legislation. In particular, they shall prohibit
> listening, tapping, storage or other kinds of interception or
> surveillance of communications and the related traffic data by
> persons other than users, without the consent of the users concerned,
> except when legally authorised to do so in accordance with Article
> 15(1). This paragraph shall not prevent technical storage which is
> necessary for the conveyance of a communication without prejudice to
> the principle of confidentiality.
>
> 2. Paragraph 1 shall not affect any legally authorised recording
> of communications and the related traffic data when carried out in
> the course of lawful business practice for the purpose of providing
> evidence of a commercial transaction or of any other business
> communication.
>
> 3. Member States shall ensure that the use of electronic
> communications networks to store information or to gain access to
> information stored in the terminal equipment of a subscriber or user
> is only allowed on condition that the subscriber or user concerned is
> provided with clear and comprehensive information in accordance with
> Directive 95/46/EC, inter alia about the purposes of the processing,
> and is offered the right to refuse such processing by the data
> controller. This shall not prevent any technical storage or access
> for the sole purpose of carrying out or facilitating the transmission
> of a communication over an electronic communications network, or as
> strictly necessary in order to provide an information society service
> explicitly requested by the subscriber or user.

The last one is about cookies, among others.

//Marcin