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Article 29 WP and cookies

From: Christine Runnegar <runnegar@isoc.org>
Date: Mon, 14 Oct 2013 13:39:42 +0000
To: "public-privacy (W3C mailing list)" <public-privacy@w3.org>
Message-ID: <E566FA04-FD0E-45C9-8D94-630AE13DF540@isoc.org>
The European Article 29 Working Party recently adopted Working Document 02/2013 providing guidance on obtaining consent for cookies

http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2013/wp208_en.pdf

Among other things, the Article 29 WP says "… that should a website operator wish to ensure that a consent mechanism for cookies satisfies the conditions in each Member State such consent mechanism should include each of the main elements specific information, prior consent, indication of wishes expressed by user’s active behavior and an ability to choose freely."

(These are explained in further detail in the Working Document.)

They also say: 

"If certain cookies are therefore not needed in relation to the purpose of provision of the website service, but only provide for additional benefits of the
website operator, the user should be given a real choice regarding those cookies. The types of cookies that might be disproportionate in relation to the purpose of the website may vary depending on the context.

An example, where consent to non-necessary cookies would be considered disproportionate are websites providing certain services, where the user could be seen as having few or no other options but to use the service, and thus having no real choice as to the usage of cookies. In most EU Member States this is particularly the case with public sector services.

Users should also be offered a real choice regarding tracking cookies. …"
Received on Monday, 14 October 2013 13:40:32 UTC

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