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Telecom Package offers opportunity to safeguard web experience and digital economy

Brussels, 25 November 2009: The European Parliament yesterday adopted the Telecom Package by a very large majority (510 votes in favour, 40 against, 10 abstentions). This package includes the ePrivacy Directive (2002/58/EC) of relevance to agencies as it aims to strengthen security and privacy for internet users.

Crucially, the new law provides a legal basis for cookie management tools. Cookies are used to provide a good web experience including the display of more relevant ads.

The text agreed by the Parliament states that user consent is required for cookies that are not “strictly necessary” to provide the service “explicitly requested” . However, the preamble to the new law mentions browser settings and states that “where it is technically possible and effective”, the user’s consent may be expressed by using the appropriate settings of a browser .

To seek consent from users without relying on browser settings, websites would have to provide pop-up messages or landing pages. EACA believes this is not an effective solution. It would adversely affect both consumers’ day to day browsing experience and the digital marketplace.

Says Dominic Lyle EACA’s Director General:” Consumer trust is key in the online world and can only be achieved through better information and education. Consumers do not want to have to read and click on a pop up each time they arrive on a site or jump from page to page within the same site. However we recognize work needs to be done in order to increase transparency, develop user-friendly information and improve cookie management.”

EACA urges Member States to implement the cookie rules in a harmonized and user-friendly way.

EACA will discuss the way forward with its sister associations at EU level and make sure this issue is managed in a collaborative and constructive manner. EACA is also currently involved in discussions to agree on a set of best practices for online advertising.

For more information contact Florence Chalot florence.chalot@eaca.be

 1 Article 5 (3) "Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia about the purposes of the processing. This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service."

2 Recital 66 “Where it is technically possible and effective, in accordance with the relevant provisions of Directive 95/46/EC, the user's consent to processing may be expressed by using the appropriate settings of a browser or other application. The enforcement of these requirements should be made more effective by way of enhanced powers granted to the relevant national authorities.”

The European Association of Communications Agencies (EACA) is a Brussels-based organisation whose mission is to represent full-service advertising and media agencies and agency associations in Europe. EACA aims to promote honest, effective advertising, high professional standards, and awareness of the contribution of advertising in a free market economy and to encourage close co-operation between agencies, advertisers and media in European advertising bodies.