The Cookie Law and Privacy

The implementation of a cookie law has been enforced by the European Union on its member states. After thorough study, this directive on internet privacy was signed in November 2009. This required websites to give users options before they could install cookies on any individual’s computer.

However, the specific requirement for cookie opt-out has yet to be clarified even after two years of the law’s presence. For those that implemented the changes, the confusion lies on what would really constitute an opt-out requirement. In order to clarify things, a recent meeting was held among the group members, where there was a divided opinion among members. Some said that the user’s action to visit the website is in itself an indication of their agreement with the website’s practices. On the other hand, those who are directly involved with the implementation believe that there should be a clear opt-in process.

Some are not sold to the idea of the directive because it will cause a little disruption to users. Nowadays, websites have sponsors that would automatically store cookies on a visitor’s computer. When the directive is implemented, pop-up windows would recurrently appear on the user’s screen. These windows would be asking permission to store cookies. This becomes very cumbersome for a website that has nine companies. There would be nine pop-up windows that would ask if the user would allow cookies to be stored in his or her computer.

In general, member states are doing their best to meet the requirements of the directive. The Safe Harbor framework has placed the U.S. in the position of doing self-certification. With this, U.S. companies can certify that they meet the EU rules every time they deal with EU customers only. At present, there were about 3,000 companies who were certified, but there are some that need to update their certifications.

Aside from the privacy of internet users, there is the other side of the story. Congress cannot yet see a complete picture of the directive’s impact on online advertisers. This group might get even because there seems to be control of personal freedom and not just users’ privacy. Whatever the final scenario would be still remains to be seen.

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