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Privacy Notice for Dummies? Towards European Guidelines on How to Give ‘Clear and Comprehensive Information’ on the Cookies’ Use in Order to Protect the Internet User's Right to Online Privacy

19 Pages Posted: 6 Nov 2013  

Joasia Luzak

University of Exeter - School of Law; University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Date Written: October 31, 2013

Abstract

Recently reviewed ePrivacy Directive aims at ensuring internet users’ online privacy by requiring users to give informed consent to the gathering, storing and processing of their data by internet service providers, e.g., through the cookies’ use. However, it is hardly possible to talk about an ‘informed’ consent if internet users are not aware of cookies or do not understand when and how they work. Currently, European rules require internet service providers to provide internet users with a ‘clear and comprehensive’ information on the cookies’ use without further specifying what kind of disclosure would be seen as compliant therewith. This paper assesses the need for harmonized European guidelines on transparent and readable disclosure on the cookies' use and suggests the way forward based on the comparative legal research and findings from consumer behavior research.

Keywords: Online privacy, cookies' use, informed consent, disclosure's transparency, disclosure's readability

JEL Classification: K12

Suggested Citation

Luzak, Joasia, Privacy Notice for Dummies? Towards European Guidelines on How to Give ‘Clear and Comprehensive Information’ on the Cookies’ Use in Order to Protect the Internet User's Right to Online Privacy (October 31, 2013). Amsterdam Law School Research Paper No. 2013-65; Centre for the Study of European Contract Law Working Paper Series No. 2013-12. Available at SSRN: https://ssrn.com/abstract=2350209 or http://dx.doi.org/10.2139/ssrn.2350209

Joanna Aleksandra Luzak (Contact Author)

University of Exeter - School of Law ( email )

Exeter, EX4 4QJ
United Kingdom

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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