EU E-Privacy: The Latest Trend in Internet Regulation?

Monday, 9 July 2012
ByVanessa Emilio

The new EU e-privacy law comes into force on the 25th of May 2011. Once enacted in the EU member states, this directive will have a significant effect on websites that require users to accept cookies. So, what does this change mean for internet users and what are laws designed to accomplish?

New laws are aimed at 'informed consent' for users who enter a website and download cookies. Currently cookies are downloaded automatically from certain websites without a users' knowledge. The purpose of this is to allow users who frequent websites to do so quicker by storing information on a users' computer. This information is stored on the web browser without the consent of the user of the computer.

In other instances, cookies are used to track the behavior of users, not necessarily for the benefit of the user, but for purposes that may be seen as a hindrance to users such as advertising. This tracking then leads to the user receiving advertising specifically aimed at their internet use and interests. This somewhat unwelcome tracking of information of private information is what the new EU directives aim is to stop. The directive will force the EU member countries to enact laws for websites to gain the users explicit consent before they download a cookie from the website.

Many have criticized this new directive and believe that it will be detrimental to EU websites as it will divert traffic to non-EU member websites and secondly will be very difficult and costly for the EU websites to implement this directive. This has lead to many companies with websites threatening to move their sites to US based providers which would then ultimately impact EU web providers.

Although this is the first directive and internet regulation of its kind, American counterparts have had it on their agenda for some time and have been putting pressure on the industry to self-regulate before levels of distrust and malpractice compel the government to step in. If the new directive does lead to companies changing to internet providers in non-EU countries, it seems that it is likely that there would be increased pressure for other countries to conform and this could be the beginning of the first world-wide internet regulation. This directive could possibly signify changes that will in the next few years have an effect on an enormous amount of websites and internet regulation around the world.

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