Five EU Countries Taken To Court For Failing To Implement Cookie Law

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Five EU Countries Taken To Court For Failing To Implement Cookie Law

Posted by samzenpus on Thursday May 31, 2012 @09:28PM from the time-out dept.

concertina226 writes "The European Commission announced on Thursday that it has asked the European Court of Justice to impose fines on Belgium, the Netherlands, Poland, Portugal and Slovenia for not transposing binding telecoms rules into their national laws. The official deadline for doing so was 25 May last year. These telecoms rules are aimed at protecting users' privacy online. They also require companies to notify users about any data breach without undue delay and to allow customers to switch fixed or mobile phone operators without changing their phone number, within one working day. But the main sticking point in the telecoms package appears to be the requirement for Web companies to obtain 'explicit consent' from Internet users before storing cookies."

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Not the Netherlands by pahles · 2012-05-31 21:42 · Score: 3, Informative

The Netherlands won't get fined because they ensured Neelie Kroes of the EC they will transpose the rules: http://www.nu.nl/internet/2823753/nederland-ontloopt-nipt-europese-telecomboete.html (in Dutch).

--
Sig?
leave the EU by Anonymous Coward · 2012-05-31 21:46 · Score: 3, Insightful

The correct solution is to leave that horribly mutated experiment.
1) These rules are pointless - session cookies per se are of no consequence, but retention of vast amounts of data by Google & co. is;
2) Retention of data for government purposes is an especial threat, yet the EU promotes this rather than restricting it.
The EU has failed. It has turned into a method for economic domination by Germany and, to a lesser extent, France. Iceland rightly outright avoided the effects of financial subjugation, Greece should take the opportunity to do so right now, and so over the years should any other nation which values its sovereignty.
1. Re:leave the EU by Hognoxious · 2012-05-31 22:06 · Score: 4, Insightful
  
  Greece borrows a fuckton of money, pisses it up the wall and then throws a massive sulk when asked to pay it back. Meanwhile Germany makes stuff that people want to buy.
  Just who's being subjugated here?
  
  --
  Confucius say, "Find worm in apple - bad. Find half a worm - worse."
2. Re:leave the EU by Kergan · 2012-05-31 22:17 · Score: 4, Interesting
  
  Err...
  1. Session cookies are key in allowing Google to track and store more data than it should.
  2. In France at least, the EC expressed concerns about the French government storing too much, not too little. So, not sure where you get the idea of the EU promoting police states.
  3. Historically, the EU has always progressed in times of crisis. The US got federalism more or less right two centuries ago. We'll get it more or less right soon enough.
  4. Unless the Euro breaks up (which I think is unlikely), rebalancing will likely occur through fiscal union, pan-EU projects (à la Ariane or Airbus), and increased (some already exist) subsidies from more competitive regions to less competitive ones.
  5. Actually, Iceland recently made news because it was at the EU's door, almost begging to enter, and rather eager to adopt the Euro. The part they got right, which neither you nor we did, is to lock up their bankers in jail after clawing their wages back. (And I'm confident we'll get it right too, eventually.)
3. Re:leave the EU by Thanshin · 2012-05-31 22:26 · Score: 4, Funny
  
  Greece borrows a fuckton of money, pisses it up the wall and then throws a massive sulk when asked to pay it back.
  I think the sulk is not even for having to pay it back but for being required to follow a number of rules that might make them stop pissing more fucktons of money up the wall.
4. Re:leave the EU by nosh · 2012-05-31 22:43 · Score: 3, Interesting
  
  1. Session cookies are key in allowing Google to track and store more data than it should.
  Err, no, that would be persistent cookies. Session cookies are deleted whenever the browser session ends, so it makes tracking rather pointless. The cookies Google (and every other company) uses to track are set to expire years in the future.
  So you always open your browser for only one site and close it afterwards? And never look at two sites at the same time?
  If you like it or not, the problem with cookies is something that can only be solved by law.
  There are some sites only working with cookies (mostly for stupid reasons), so you cannot disable cookies globally.
  Almost any site with advertising gives you a tracking cookie, per advertisement, so no browser will ask people to accept cookies by default as people will be utterly confused. And because any browser accepts them by default, sites can just add tracking cookies without many people complaining. So no browser can switch to "ask-before-request" as too many sites use them....
  So you either have to accept that any site will track what other sites you visit and give the advertisers your profile
  (and once one of thoe sites also has your login, connect that profile to your identify), or you have to use regulation.
  One might differ whether people have a right on privacy or websites have a right to get revenues. But if one considers a right for privacy, regulation is the only solution in this case.
5. Re:leave the EU by Iskender · 2012-05-31 22:49 · Score: 4, Insightful
  
  Greece borrows a fuckton of money, pisses it up the wall and then throws a massive sulk when asked to pay it back. Meanwhile Germany makes stuff that people want to buy.
  The past Greek governments have done a terrible job and now the country suffers for it - this is undoubtedly true. It is also true that the German economy has been much better.
  However, Germany has benefited enormously from sharing a currency with them. Being one of the world's largest exporters, they benefit from a relatively weak currency. If they had their own currency now they would be like Switzerland - a safe haven in the crisis, with a very strong currency and problems with exports.
  But currently the problems in the other countries devalue the euro, meaning Germany gets to export at great prices. Meanwhile the crisis-hit euro countries have an over-valued currency, and they can't do anything about it. Basically, Germany gets a huge boost for free and pretends it's all due to working hard.
  Germany is resisting money-printing and collective eurobonds which would give the crisis-hit countries an opportunity to grow again. They want the others to sort their own things out - but if the others run out of options and crash, Germany might end up wishing they had done something.
  FWIW I'm in one of the rich and balanced euro countries. Doesn't matter, I still think we need something else than "tough love" to solve this.
6. Re:leave the EU by Rakshasa-sensei · 2012-05-31 22:52 · Score: 5, Insightful
  
  What a load of bullcrap.
  
  Do you know how easy it was for me to start up a company in Norway? Required only internet access and a couple of days, and that was 8 years ago.
  
  In greece, you'd be lucky with 10 months and lots of bribes. E.g. check out this article. And there's plenty of renowned international studies into corruption, ease of business, etc, and the Northern European countries top all those.
  
  There's no grand conspiracy, no effort at keeping the south down through infrastructure loans or anything. The countries that are doing excellent through this crisis, e.g. the Northern European countries, do so for entirely obvious reasons.
  
  It might have been slightly naive of us to think that Greece would have taken the out-stretched hand and used it to reform into a prosperous European social-democratic country, not try to steal our watch and rings to waste on wine and dance.
7. Re:leave the EU by Intrepid+imaginaut · 2012-05-31 22:55 · Score: 2
  
  The US got federalism more or less right two centuries ago. We'll get it more or less right soon enough.
  I think quite a lot of European citizens might well disagree with you here. This really isn't the USA.
8. Re:leave the EU by Anonymous Coward · 2012-05-31 23:07 · Score: 4, Informative
  
  I agree 100%. It's worth adding that the bailouts that greece/ireland etc have recieved are being used to pay back (largely) french and german banks and bondholders. The bailout will then be repaid by greek/irish taxpayers.
  Be in no illusion. This is not a bailout of the Greeks, but of rich German bondholders. This is why the Greeks are protesting.
9. Re:leave the EU by Viol8 · 2012-05-31 23:15 · Score: 4, Insightful
  
  The greeks didn't protest when all the money was loaned to them in the first place so they could go on a massive public sector spending binge and buy the fast cars and beachfront villas. Now its somehow the fault of the organisations who loaned it that the greedy tax dodging greeks are in this mess because they didn't understand Economics 101?? On yer bike pal.
10. Re:leave the EU by SwedishPenguin · 2012-05-31 23:16 · Score: 3, Interesting
  
  Why is this modded troll? You'd have to be blind solely blame Greece in this debacle and it's quite obvious who has benefited from the Greek crisis.
11. Re:leave the EU by SwedishPenguin · 2012-05-31 23:25 · Score: 2
  
  Thank you for a balanced comment, I'm getting tired of all these idiots shouting about how irresponsible and "lazy" Greeks are. All this crisis has done is convince me even more how bad of an idea the Euro was to begin with. If it wasn't for campaigning by the only real opposition (i.e. the Left Party and the Greens, though nowadays that the Greens have gone more "center" and abandoned almost all forms of EU criticism, only the Left Party), we would be members of the damn thing as well. I really wish the Greeks luck, the best thing for them to do is probably to leave the Euro, it will be painful but furthering these draconian cuts leading to a negative spiral is a road to complete economic ruin.
12. Re:leave the EU by DNS-and-BIND · 2012-06-01 00:59 · Score: 2
  
  Wow, a Norwegian Republican Wapanese...never thought I'd see one of those.
  
  --
  Shutting down free speech with violence isn't fighting fascism. It IS fascism!
13. Re:leave the EU by Rakshasa-sensei · 2012-06-01 01:11 · Score: 5, Interesting
  
  - My ex's family were from Greece. Business there was as business in any Southern European country: stronger sense of family and community, so local businesses which were perceived as ethical would thrive, whereas people in it for a quick buck would be viewed with suspicion and would have regulations more stringently applied. Health&Safety in Britain is much more intrusive than there.
  Wow, I didn't expect it but (not kidding) you've seriously opened my eyes.
  Ignoring for the moment the rather unfortunate comparison you did to China (do you even realize the argument you made there???), when considering the situation in southern europe I at least _assumed_ that the population in general was conscious of the reasons why they were uncompetitive and just acted out of self-interest.
  That the family and community business thing you described above is seen as a good thing makes clear that they got no fucking clue. I can hardly think of a way to structure a business environment that would lead to more corruption than that. When your neighbor or cousine's business is threatened by a more competitive smartass from out-of-town, the 'family and community' oriented society would see it as normal to put in any and all obstacles possible.
  Fuck that, I guess Greece really is destined to leave the Euro. (And having left a sour taste in the mouth of leaders up north from all those protests and threats to the Euro stability in order to 'renegotiate', etc, reconstruction 'aid' won't be very forthcoming)
14. Re:leave the EU by Viol8 · 2012-06-01 01:26 · Score: 2
  
  "Loans are a risk to the lender as much as the borrower."
  Are you in a company pension scheme? Do you realise that the in most cases the people in it have NO CHOICE about where their money is invested?
  So yourself a favour and dump the left wing student vitriol and grow up.
15. Re:leave the EU by drinkypoo · 2012-06-01 01:41 · Score: 3, Interesting
  
  Why not draw a parallel to the current American housing crisis? Homeowners should have known better; banks knew they didn't know better, and took advantage of them. The government helped. Everyone is wrong except for those who didn't involve themselves.
  
  --
  "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
16. Re:leave the EU by nedlohs · 2012-06-01 02:26 · Score: 3, Insightful
  
  local businesses which were perceived as ethical would thrive, whereas people in it for a quick buck would be viewed with suspicion and would have regulations more stringently applied
  Which is what we call corruption. Applying the rules differently to those not in the club so that they are relatively disadvantaged. Until they join the club anyway.
17. Re:leave the EU by Rakshasa-sensei · 2012-06-01 02:28 · Score: 2
  
  Well, as I'm currently living in Japan I've seen / studied pretty much the three types of societies that have produced highly competitive industrialized societies. The US (through osmosis of politics, literature and lol), Northern Europe and Japan.
  
  And what many in the US, especially republicans, seem to miss is that social safety net, universal health care, support for parents with young children, etc, are competitive advantages. What social-capitalistic societies have thought us is that rather than chase an ideology, you should implement reasonable social policies and encourage capitalism that is reined in by sensible regulations.
  
  As a manager of an IKEA manufacturing plant (that out-competed local businesses) in the US said on the Colbert Report; we swedes took the lessons of US capitalism and got better than you at it.
Not all cookies are targeted! (FUD ALERT) by Anonymous Coward · 2012-05-31 22:36 · Score: 5, Informative

This cookie law does not require consent for all cookies. Unfortunately, the media, including Slashdot continues to carry this myth. This is the spin that the advertising industry is (successfully) putting on this issue...
I requires consent for cookies that are not "strictly necessary for a service explicitly requested by the user". So session cookies are safe for example.
Consent is mainly required for TRACKING cookie.
1. Re:Not all cookies are targeted! (FUD ALERT) by jimicus · 2012-06-01 03:23 · Score: 3, Insightful
  
  Very few technology laws explicitly mention specific technologies - normally they reference what the technology is trying to achieve. Otherwise laws would be obsolete within a few months as workarounds are developed.
IANAL: explicit consent not part of EU directive by rfc822 · 2012-05-31 22:55 · Score: 2

IANAL from Austria.
Afaik explicit consent is not explicitly demanded by the EU. UK opted in to require this in their law. IANAL, currently in Austria it says that the user decision already happens through the browser settings. If the browser accepts cookies, so does the user and the government sees the problem solved.
So what are you saying exactly? by Viol8 · 2012-05-31 23:09 · Score: 3, Insightful

"But currently the problems in the other countries devalue the euro, meaning Germany gets to export at great prices."
Which means that greece could also export at great prices if they actually bothered to produce anything that anyone wanted.
"Basically, Germany gets a huge boost for free and pretends it's all due to working hard"
Rubbish - it is due to working hard. Meanwhile the greeks don't bother to pay their taxes then whine abd bitch like little children when finally it all goes t1ts up.
No sympathy. The greeks made their bed , well its time to lie down.
1. Re:So what are you saying exactly? by Ogi_UnixNut · 2012-06-01 00:09 · Score: 3, Insightful
  
  "But currently the problems in the other countries devalue the euro, meaning Germany gets to export at great prices."
  Which means that greece could also export at great prices if they actually bothered to produce anything that anyone wanted.
  Easier said then done, there is a lot of marketing behind Germany, along with a lot of positive stereotypes about their engineering quality, etc....
  When people think Germany, the think high quality engineering, studious and stable country, well educated workforce, beer and sausages.
  When people think Greece, they think ancient ruins, philosophy, beaches, hot sun, sea, holidays, parties and natural beauty.
  As such when people have a choice between a Greek engineered product, and a German one for the same price, an overwhelming majority would go for the German good, even if the Greek one is just as good (or even better).
  The Germans have reputation, which they built up before the EU due to being a phenomenal European power. They have had this reputation for hundreds of years. You can' t just create that for another country.
  I've known Greek engineers, I've known them produce stuff that was as good or better than their German counterparts. However nobody wanted to buy it at German prices. In the olden days it was ok, as the drachma was a weaker currency, so their goods were cheaper and they would get purchases from budget conscious buyers, who'd end up surprised by the quality.
  However once they joined the Euro, their costs increased to the same level as Germany's, and so they had to raise their prices to remain profitable. This made them about as expensive as the German goods, and their sales dried up. They were too expensive for the budget buyers (who buy from east-europe/China now) while those who bought and paid German prices bought them for their reputation, and would not buy the Greek product.
  As a result, they went bankrupt, and one of them ended up moving to Germany, where he now makes Germany money via his taxes. A net loss for Greece and a net gain for Germany, which is an inbalance that just grows with time.
  
  "Basically, Germany gets a huge boost for free and pretends it's all due to working hard"
  Rubbish - it is due to working hard. Meanwhile the greeks don't bother to pay their taxes then whine abd bitch like little children when finally it all goes t1ts up.
  No sympathy. The greeks made their bed , well its time to lie down.
  Reading this, I can't help feeling that I've just been trolled, and perhaps I have (in which case congratulations on Trolling me). However I will complete this anyway, as I've written most of it as is, and adding information to a debate is always a good idea.
  Yes, Greece has a problem with overbearing bureaucracy, and yes they have an issue with tax collection and corruption. However that does not negate what the grandparent poster said. He was spot on.
  If Germany was not in the Euro, it's DMark would be so strong, that their goods would be uncompetitive with the the rest of the world. They would also not have a captive market (in the case of the rest of the eurozone countries) which can guarantee some exports no matter what.
  Trust me, if the eurozone wasn't working out for Germany they would leave. They are not staying the out of the goodness of their hearts, or due to some old war guilt. The fact is that the German government knows what the grand parent posted, they know that they are getting a huge boost for free, they know that the eurozone is helping them immensely.
  The problem is that the status quo cannot continue. Germany has sucked up all the production out of the rest of the eurozone (barring Italy and northern countries) and countries are collapsing. So at this point either the EU integrates further, which involves some redistribution of wealth from Germany, by whichever mechanism is chosen (euro inflation, bailouts, etc...), or it starts falling apart (perhaps the development of a "Core" EU of stronger economies, with peripheries that can use a weaker currency).
2. Re:So what are you saying exactly? by dunkelfalke · 2012-06-01 03:34 · Score: 2
  
  It is not a fact, it is bullshit. There is no such government mandate and most people in Germany do work 40-hour-weeks.
  The management of some car manufacturers agreed with the works council that instead of laying off they would cut hours when the factory utilisation is seriously under capacity, but that's about it. It is neither a government mandate nor it is widespread.
  
  --
  "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
3. Re:So what are you saying exactly? by Shazback · 2012-06-01 04:11 · Score: 2
  
  Easier said then done, there is a lot of marketing behind Germany, along with a lot of positive stereotypes about their engineering quality, etc.... When people think Germany, the think high quality engineering, studious and stable country, well educated workforce, beer and sausages. When people think Greece, they think ancient ruins, philosophy, beaches, hot sun, sea, holidays, parties and natural beauty.
  Perhaps differenciation is to be looked into then? Finland didn't have the reputation of being consumer-friendly before Nokia burst onto the scene. It had a few industrial machinery companies that had a good business-to-business relationship, but the main players in Finland were heavy industry and natural resource companies. Was Sweden famous for simple design, efficient management and furniture before IKEA became big in the 70s? Was Spain considered an important fashion destination before ZARA spread like wildfire in the 90s? Countries aren't created with a God-given reputation and a set of stereotypes that are set in stone. Countries shape their own reputation and their own stereotypes. Japan's change from "cheap knock-off and unreliable electronics" to "precision electronics and fancy design" happened in barely over 20 years, and companies like Sony, Nintendo, Fujitsu, Toshiba, Canon, Honda, Toyota as well as artists like Haruki and Takashi Murakami, Kusama...
  
  Sure, Germany has a reputation for certain goods : cars, chemicals, pharmaceuticals, industrial goods. But that still leaves loads of areas for other countries to gain the upper hand. France has a reputation for more fashionable goods, but they also have big car companies, aerospace and defence companies, as well as natural resources, food and beauty products companies that are huge. Sure, France and Germany are "big" countries with populations that are several times that of Greece, and longer-established companies in most sectors. But the Netherlands managed to get to the top of some markets : Unilever, Philips, ASML, TomTom, Akzo Nobel, TNT Express... Why couldn't Greece have prospered in a similar manner? What was stopping these excellent Greek engineers, industrialists, marketers, etc. from founding companies that would compete in new, different, niche markets and then grow big? Sure, Greece's auto industry might not have been able to hold up to the German auto industry. But what about IT? What about architecture and construction companies? Why not become leaders in geothermal and solar energy? What about holiday resort construction and management?... The list goes on and on. As you say yourself, Greece had some advantages Germany didn't : history of engineering discoveries and applications going back to before the Roman Empire, key artistic and philosophical theories, climate and history particularly suited to tourism, a famous and healty cuisine, a trade position on the cusp of three continents just accross form the Suez Canal... How come the only things that came out of these advantages were a huge (but barely taxed) shipping industry and a strong tourist industry?
  
  If Germany was not in the Euro, it's DMark would be so strong, that their goods would be uncompetitive with the the rest of the world. They would also not have a captive market (in the case of the rest of the eurozone countries) which can guarantee some exports no matter what.
  
  Trust me, if the eurozone wasn't working out for Germany they would leave. They are not staying the out of the goodness of their hearts, or due to some old war guilt. The fact is that the German government knows what the grand parent posted, they know that they are getting a huge boost for free, they know that the eurozone is helping them immensely.
  
  The problem is that the status quo cannot continue. Germany has sucked up all the production out of the rest of the eurozone (barring Italy and northern countries) and countries are collapsing. So at this point either the EU integrates further, which involves some redistribution o
And in related news by rossdee · 2012-06-01 00:17 · Score: 4, Funny

Bloomberg wants to outlaw cookies in NYC
Ensured? by IAmGarethAdams · 2012-06-01 00:50 · Score: 3, Informative

You keep using that word. I do not think it means, what you think it means.
On a more helpful note I think "assured" was what you were looking for.
1. Re:Ensured? by Patch86 · 2012-06-01 02:43 · Score: 2
  
  It already is in the OED, although that isn't what it means. It means someone who is able to read and write perfectly well, but chooses not to do so. Essentially a synonym of "book shy".
  http://oxforddictionaries.com/definition/aliterate