Peeking into the Cookie Jar: The European Approach Towards the Regulation of Cookies

20 Pages Posted: 19 Oct 2015

See all articles by Eleni Kosta

Eleni Kosta

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT); Tilburg Law School

Date Written: July 26, 2013

Abstract

Article 5(3) of the ePrivacy Directive regulates the storing of information and the gaining of access to information that is already stored in the terminal equipment of users and subscribers, which applies to the handling of cookies. The Citizens’ Rights Directive amended this provision in the frame of the review of the European electronic communications legal framework in 2009. According to the new provision, the installation of and the access to cookies is allowed only with the consent of the user or the subscriber. The introduction of a requirement for consent has sparked a fiery debate with regard to the implementation of this provision, especially as regards the practical impact it may have on the currently used practices relating to cookies. This article will study the new requirements set out in Article 5(3) of the ePrivacy Directive, as well as the background leading to their adoption. It will further discuss how the consent of the user can be given in relation to cookies in a valid way, examining among others the suggestions of the Article 29 Working Party and the European Data Protection Supervisor, as well as the UK implementation of the provision.

Keywords: cookies; ePrivacy Directive; consent; right to refuse; opt-in

Suggested Citation

Kosta, Eleni, Peeking into the Cookie Jar: The European Approach Towards the Regulation of Cookies (July 26, 2013). Available at SSRN: https://ssrn.com/abstract=2675810 or http://dx.doi.org/10.2139/ssrn.2675810

Eleni Kosta (Contact Author)

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Tilburg Law School

Tilburg, 5000 LE
Netherlands

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