Critics say EU privacy law change on cookies will confuse consumers

An amendment to EU privacy law, which is designed to improve online privacy, will only confuse consumers and companies say its opponents.

The new regulation makes changes to the Privacy and Electronics Communications directive and forces websites to ask for "explicit consent" from consumers before storing cookies.

There is an exception if the cookie is "strictly necessary" for the provision of a service "explicitly requested" by the user.

Cookies are small files created whenever a person visits a website. They are normally harmless, for example if a person customises a site, this information is stored for future visits.

Others such as tracking cookies have, however, raised privacy concerns.

But although the change is due to be implemented in less than two months, on 25 May, no-one yet knows how this consent will be obtained.

One way would force companies to ask outright for permission each time a person visits their site. Another suggestion, which is the bone of contention, is that consent is given via browser settings.

But most browsers accept cookies by default. The EU privacy watchdog, the Article 29 Working Party said in an article about behavioural advertising that using this as a method of implying explicit consent would be a "fallacy" and does not provide "a clear and unambiguous indication" of a person's wishes.

Alex Hanff of Privacy International said:" The law the European Commission originally proposed was a good one. But European Parliament has made a mess of this and caused confusion across the whole of Europe with it. It's a cock-up. Consumers rarely change their browser settings so won't be protected,"

However it seems the popular choice. A representative for the Department of Culture Media and Sports (DCMS) said: "We are working with browser manufacturers to find a way to enhance browser settings so that they can obtain the necessary consent to meet the Directive's standards,"

If this is the case, consumers as well as companies need to be educated about the changes.

Information Commissioner Christopher Graham said: "We recognise that the internet as we know it today depends on the widespread use of cookies and there are of course legitimate business reasons for using them.

"We are clear that these changes must not have a detrimental impact on consumers nor cause an unnecessary burden on UK businesses."