Out-Law / Your Daily Need-To-Know

An influential industry body has publicly attacked the EU’s plans for regulating internet cookies. Shortly, the European Parliament will be deciding the future of cookies during the final preparatory stages of legislation on data protection in the electronic communications sector.

The latest complaint on the controversial proposal is from the Union of Industrial and Employers' Confederations of Europe (UNICE). Its members are 33 industrial and employers federations from 26 countries. UNICE, founded in 1958, describes itself as “the official voice of more than 16 million small, medium and large companies active in Europe.”

Cookies are small files that are stored on an internet user’s computer. Used responsibly, cookies ease a user’s movement between pages on and visits to a web site, for example, by removing the need to re-enter information.

If passed in its present form, the Directive would introduce a general requirement for web site operators to provide prior information about the use of cookies before serving them to the user's computer. It does not discriminate between different types of cookie.

UNICE said in a statement this week that it is fully aware of the importance of adequate privacy protection throughout the Internal Market, but fears that “an indiscriminate ban of cookies, a tool which facilitates the use of web sites will shy off consumers and harm business.”

It warns that the current proposal will create barriers and reduce the user-friendliness of web sites: the risk is that internet users will be confronted by multiple pop-up windows providing them with information “prior” to the sending of each cookie. This would affect usability and runs contrary to the European Commission’s goal of “getting Europe on-line”.

Last month, the Interactive Advertising Bureau was supported by a number of other bodies in proposing an amendment to the European Parliament. The recommendation provides that web sites should be required to use cookies in accordance with existing data protection laws and that the sites must give clear and precise information about the purposes of cookies – without this information needing to be prior information.

The current proposal is to be put to a vote at the next meeting of the Committee on Citizens’ Freedoms and Rights on 18th April. The plenary session vote is scheduled for 13th May in Strasbourg.

The Interactive Advertising Bureau's full position on the draft law’s treatment of cookies is available on the web site of the Advertising Association at:
www.adassoc.org.uk/position/cookies.html

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