Tag Archives: Cookies

Commission Launches Enforcement Proceedings Against 20 Member States on “Cookie” Rules

On July 19, 2011, the European Commission announced that it sent formal requests for further information to 20 Member States regarding their failure to implement the EU’s new package of telecoms rules.  The rules, which include amendments to the E-Privacy Directive to create new consent requirements for the use of most web cookies, were required to … Continue Reading

UK ICO Calls for More Privacy Audits

The U.K. Information Commissioner’s Office (ICO) issued a press release yesterday calling on companies to undergo more data protection audits.  (Currently, only some public sector entities in the UK can be made to undergo audits — the ICO can effectively only request to audit a private sector company).  The ICO issued the “warning” after releasing … Continue Reading

European Regulators Continue to Struggle With New Cookie Rule

In 2009, Directive 2002/58/EC, the so-called ePrivacy Directive, was amended.  The deadline for EU Member States to implement the revised Directive in their national laws was May 25, 2011, but very few Member States met the deadline and even today, almost one month after the deadline, discussions remain ongoing in most national parliaments.  The implementation efforts … Continue Reading

On First Day of New UK Cookie Rules, ICO Issues a 1-year Moratorium on Enforcement

Late yesterday the UK ICO issued a new press release and guidance on its plans to enforce the new UK “cookie regulation,” which was enacted by the UK Government to implement the EU’s e-Privacy Directive.   The new release, which follows previous ICO guidance outlining how businesses might comply with the new rules (see my previous post), declared that the ICO … Continue Reading

Do “Flash Cookies” Plaintiffs Have Standing to Sue in Federal Court?

As we’ve described in this recent article, the past year has witnessed a surge in privacy litigation that shows no signs of easing.   Many of these suits involve allegations that defendants have used Flash local shared objects (“Flash cookies”) for the purpose of tracking Internet users’ browsing activity. Flash cookies differ from traditional browser cookies in that … Continue Reading

Kerry, McCain Circulate “Commercial Privacy Bill of Rights”

Just a week after the Obama Administration announced its support for comprehensive privacy legislation in testimony before the Senate Commerce Committee, Senator John Kerry (D-Mass.) has released a draft bill that attempts to respond to the Administration’s call for broad baseline privacy protections for consumers.   Kerry’s bill, which is co-sponsored by Senator John McCain (R-Ariz.) is still … Continue Reading

UK Information Commissioner Issues (Vague) Warning on Cookies

Since the 2009 amendments to Article 5(3) of the ePrivacy Directive (2002/58/EC) regarding cookies and consent, there has been considerable debate over what web sites and ad networks must do in order to deploy cookies lawfully, and over what constitutes informed consent from users (e.g., opt-in versus opt-out).  For a flavour, see the Article 29 Working Party Opinion 2/2010 on online behavioural … Continue Reading

Court Holds Subscribers Consented to “Deep Packet Inspection”

The United States District Court for the District of Montana has dismissed [PDF] several class action claims against the Internet service provider Bresnan Communications arising out of its partnership with the controversial (and now defunct) online advertising firm NebuAd.  Bresnan subscribers alleged that the ISP allowed NebuAd to test a system to profile subscribers’ online activity using deep packet inspection … Continue Reading
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