Overview The EU finally replaced the existing Telecoms
Directive with the new Privacy and Electronic Communications Directive
(Directive Concerning the Processing of Personal Data and the Protection
of Privacy in the Electronic Communications Sector 2002/58/EC) on 31 July
of this year. The new Directive contains some controversial provisions
that will affect cookies, spam and data retention. EU Member States are
required to pass domestic legislation implementing the new Directive by 31
October 2003.
Background
The existing Telecoms Directive was passed in 1997
and does not specifically address the use of cookies or other software
devices that can be used to monitor the browsing habits of internet users.
Although it does regulate direct marketing by fax and telephone it does
not specifically deal with more modern forms of direct marketing via
emails and mobile phone text messages. The
