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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: cookies

Posted in International/EU Privacy

Article 29 Working Party Guidelines on Consent will Lead to More Pop-ups

Article 29 WP has issued guidelines in which it recommends separate pop-ups and affirmative “check the box” consent options. Consent clauses buried in terms of use are not specific enough to meet European requirements, according to tthe guidelines. Consent requires an affirmative ‘click’ by the consumer. Browser settings alone may not be sufficient, which raises questions under new EU cookie regulations. Details are contained in this blog posting.

Posted in Consumer Privacy

Court Finds NebuAd Users Gave Valid Consent to Monitoring

On December 13, 2010 a Federal District Court in Montana dismissed many of the claims brought against an ISP in connection with the ISP’s use of NebuAd monitoring technology. The court held that users had validly consented to the monitoring technology. The NebuAd case usefully focuses on the issue of user consent, rather than on technological distinctions between ISPs and service providers at the edge.

Posted in International/EU Privacy

EU ePrivacy Directive and Cookies: The Consent Requirement May Not Be as Broad as Believed

As reported in the press, “the Council of the European Union has approved new legislation that would require Web users to consent to Internet cookies.” But it is not quite as clear-cut as that quote suggests. The consent requirement relates cookies that collect personal data — an important qualification — and some cookies appear to fall outside of the consent requirement. We detail the fine points of what has happened in this blog entry.