×

UK Law Will Interpret Consent As "Informed" Not "Prior" - As Directive Day Approaches

As the May 26 deadline approaches for implementation of the new EU directive, the UK Government has released an open letter indicating that it will interpret consent for third party cookie tracking in the new directive as "informed" rather than "prior" - meaning that an opt-out process must be offered to users who do not want to be tracked by third party cookies at the time of a behavioural ad being served. This is in line with the self-regulatory approach of the online advertising industry, and ensures that a collaborative approach will be employed:

Crucially, the requirement of the revised Directive is for informed consent. It is this requirement that has shaped the UK approach... It is therefore the firm view of Government that the definition of consent employed in the amending regulation enables rather than precludes the OBA Framework developed by industry. This view is reflected in the Information Commissioner‟s approach and in his advice on this matter.

It is hoped that this strategy will become a benchmark for other European countries who have been left with a massive legislative headache by the EU's ill-conceived directive. There has been huge work done by Nick Stringer and the IAB over the last twelve months in terms of helping the Government make the impending legislation workable - and it would appear that the severe consequences that could have befallen the UK digital media industry were sufficiently impressed upoun UK lawmakers. Let's hope other European governments are as equally receptive to advice. You can read the open letter in full here.