Sweden May Mandate Opt-in For Cookie Transfer
Expertpanelen: Ny lag om hanteringen av cookies - IDG.se
The government in Sweden has published a proposition regarding 'Better rules for electronic communication.' Amongst other proposed amendments, it suggests that websites must inform the user of the 'purpose' regarding each individual cookie transferred to the user's browser upon connection. Secondly, it is suggested that the user must give his consent before the transfer of the cookie in question.
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IT management is highly likely that a new law on cookies in the summer. But it will protect the privacy of individuals or create a large administrative burden?
In March this year was published bill 2010/11: 115 "Better rules for electronic communications," based on an EU directive. The bill has been submitted to parliament and the vote is scheduled for May 18
Most likely the bill will be adopted and become the law of 1 June 2011. The bill contains a number of proposed amendments regarding electronic communications, including a chapter entitled "Storage and retrieval of information, cookies and more."
Cookies are small text files that are sent to our computer, usually in order to facilitate our next visit to the website by username and password are saved and the visitor's preferences - such as language - are saved. As with any other technology can also be used for illicit purposes, such as to spread viruses or to gather information about users in violation of the law and the like.
The new rules on cookies and includes a proposal to impose consent requirements (so-called opt-in) for cookies. The consent requirement means that an individual user should be informed about the purpose of each cookie to be sent over to the computer before the user reaches home.
Here, therefore, very critical problem, the interpretation of how that consent should be obtained. Some argue that consent must be obtained before visiting the site itself, that is, in practice you will come to an "on-site" where the information about cookies is given to the individual user who may approve them and then links the user to the site itself.
Others argue that it is enough pop-ups that you accept by clicking and finally there are those who believe that a general agreement by settings in the browser is enough. In the current situation, it is not clear what is required for a consent shall be deemed to have occurred but it is ultimately the courts to interpret this.
In addition to discussions around consent requirement has been criticized the proposal because there are big risks that it will quickly create and disseminate programs that automatically accept all cookies, which allows the individual user in practice would be in a worse position with this team than in the current situation .
This is because the user will have given their expression league approval to use without actually having read what kind of cookies that are installed.
Another aspect of this proposal is how the market, that is, ad buyers, will react on the users, by definition, begins to deny the use of cookies under the motto "better safe than sorry", this would greatly complicate the possibilities of targeted advertising, tracking and the like.
Industry Organization (IAB Interactive Advertising Bureau), for example, warned that this legislation threatens the entire industry of online advertising.
The purpose of the bill is clearly noteworthy, it is about protecting the individual user's personal integrity but the question is whether there are alternative routes that are better?
Already, the industry is working actively with self-regulation and most major browsers have in the current situation the ability to automatically turn off the cookies on the user so wishes.
It is not unlikely that technological developments will rapidly make this whole bill for an empty gesture, which rather creates a large administrative burden for the established and reputable operators in the market than to bust the rascals.
