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ARTICLE · 09 FEBRUARY 2011

Cookie Consent: Opt-In Or Opt-Out?

CMS Cameron McKenna Nabarro Olswang
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The Citizens' Rights Directive (2009/136/EC), ("Directive") which was adopted in November 2009 by the European Parliament, has amended the E-Privacy Directive (2002/58/EC) on the use of cookies and consent.

United KingdomMedia, Telecoms, IT, Entertainment
John Armstrong
John Armstrong
Emma Burnett
Emma Burnett
Sarah Cole
Sarah Cole

The Citizens' Rights Directive (2009/136/EC), ("Directive") which was adopted in November 2009 by the European Parliament, has amended the E-Privacy Directive (2002/58/EC) on the use of cookies and consent.

Member States must transpose these amendments into national law by 25 May 2011 and there has been considerable debate as to how the UK and other EU countries will implement the new requirements.

Current Legal Framework

The E-Privacy Directive currently prescribes an "opt-out" approach whereby a cookie can be stored on a user's computer where:

(a)  the user is provided with clear and comprehensive information about the purpose of the cookies and access to any information stored on the user's computer; and

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