Compromise Proposed To Settle Outstanding Issues With ePrivacy Regulation

Fox Rothschild LLP
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The Romanian Presidency of the Council of the EU has proposed a compromise on issues that are in the way of the EU e-Privacy Regulation.

Highlights:

  • A user’s consent to cookies should NOT be required for technical storage or access necessary and proportionate for the legitimate use of a service requested by the user. This may include:
    • session cookies for tracking input when filling online form
    • authentication session cookies
    • cookies remembering items selected in shopping basket
    • cookies necessary for the provision of information society services requested by the user (eg those used by connected thermostats)
  • Consent SHOULD be required for cookies collecting information for purposes other than is necessary for the provision of the requested service.
  • To avoid cookie consent fatigue companies can implement technical measures to grant consent through transparent and user-friendly settings. E.g. granting consent to a specific provider re: one or multiple specific purposes across one or more services of that provider, or consent to the use of all or certain types of cookies by whitelisting one or several providers.

Read the full proposal.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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