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In December 2009 the EU adopted the revised e-Privacy Directive, which amends among other things, the rules for obtaining users' consent when dropping cookies on their computers. The wording of the revised law, currently being transposed by Member States, is unclear, leaving considerable room for different interpretations at national level.

In a worst case scenario, the new law could be interpreted as a requirement for "opt-in", i.e. requiring prior user consent each time the user is about to "receive" a cookie. This would significantly disrupt users' online experience and undermine marketers' ability to effectively engage consumers online. The European advertising and media industry is therefore working closely with the European Commission to agree a suitable self-regulatory response that would counter pressure towards an opt-in requirement.

In order to assist EU national associations and corporate members with this national outreach effort, WFA has, in partnership with other media and ad industry organizations, prepared an industry guide for implementing the EU cookies rule.

WFA members can request a full copy of the recommendations from Malte Lohan: [email protected]


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