How to achieve pan-European compliance on use of cookies

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The article 29 working party has published guidance on how to comply with cookie legislation across all member states.

As we all know, different EU member states have different attitudes on how to comply with cookie rules. The vexed issue of whether or when implied consent is valid, the question about whether default browser settings can achieve compliance, the level of information and choice users should be given and the question of whether cookies are personal data are among the points of disagreement between member states.

The article 29 working party (WP) has published guidance on obtaining consent for cookies. The WP recognises that different member states have taken different approaches to interpreting the legislation but sets out what it believes is necessary for a website to comply across all member states and says all the elements of valid consent need to be present, including an effective choice mechanism together with notice and information…

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