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New rules regarding ’cookies’
What is a cookie?
In short a cookie is small text file containing information, which the provider of a web site or another online service may store on the terminal equipment of the visitor, such as for example a PC. The file may for example be used to identify a user transverse to different visits and collect information regarding the users' purchase or behaviour pattern. Based on the information collected, the provider may conduct market surveys and carry out targeted advertising.
It should be emphasized that the administrative order is technology neutral, which means that it not only concerns cookies which are stored or sent to the users PC-systems, but also to smartphones and tablets.
Consent and information
The administrative order stipulates that in the futureconsentis required, before cookies or other type of information are stored or sent to a user's terminal equipment. Furthermore, the user must receiveadequateinformation regarding the character of said cookies before giving consent.
There are a number of ways to comply with these two basic requirements. However, the decisive factor is that theconsentmust by an action and that the information must describe the function and purpose of the cookies clearly and distinctly without the use of legal or technical terms. Withdrawing the consent must always be an option.
The requirement regarding consent will be met if the user has to click "yes" or a check mark, before the cookie is stored or sent to the user's PC.
Responsibility for third party
The provider of a web site or another online service is not only responsible for cookies, which they themselves apply, but also for cookies that are stores or sent by third parties through the provider.
This provision is especially relevant for the so calledplugins, i.e. for example an integrated message board on a Danish web site, which in reality is provided by for example Facebook or Twitter.
An exemption from the requirement regarding information and consent is first of allproviders of internet connections,to the extent cookies are technical necessities in order to get access to the internet.
The other very important exemption in the administrative order is if storing or sending the cookies is required in order for the provider of aninformation serviceto deliver a service, for which the user has specifically asked, the administrative order does not apply.
The practical meaning
The administrative order practically has the same meaning for providers of Danish web sites and other online services.
First of all consent forms must be drafted and integrated into the systems, making sure that cookies are not stored or sent before the user has given consent.
Further, in the future the widespread plugins must be used with caution, in that foreign providers may not necessarily comply with the Danish rules on their own initiative.
Violations of the administrative order are punishable by fines.
Any questions regarding this new administrative order may directed to attorney Johnny Petersen firstname.lastname@example.org