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ARTICLE · 08 NOVEMBER 2013

Article 29 Working Party Provides Guidance On Obtaining Valid Cookie Consent In The EU

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This past month, the European Union’s Article 29 Data Protection Working Party (the "Working Party") issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies ("Working Document"). The Working Document sets forth various mechanisms which can be utilized by websites to obtain consent for the use of cookies in compliance with all EU Member State legal requirements.

European UnionPrivacy
Charley Lozada
Charley Lozada
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This past month, the European Union's Article 29 Data Protection Working Party (the "Working Party") issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies ("Working Document"). The Working Document sets forth various mechanisms which can be utilized by websites to obtain consent for the use of cookies in compliance with all EU Member State legal requirements.

The amended e-Privacy Directive 2002/58/EC, adopted in 2009 and implemented in all EU Member States, requires website operators to obtain users' consent for the use of cookies or similar tracking technologies.  The Working Document elaborates on the Working Party's prior opinion, as explained in the Working Party's Opinion of July 13, 2011 on the concept of consent in particular.  Specifically if a website operator wants to ensure that a consent mechanism satisfies each EU Member State requirement, such consent mechanism should include each of the main elements: (1) specific

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