Chris Babel

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In 15 days, the UK will become the first EU member state scheduled to begin enforcing the “EU Cookie Directive,” which requires a user’s informed consent for companies to store or access information on their devices.  This Directive has generated a great deal of debate over its requirements, the technologies it exempts, and the specifications for compliant solutions. At the end of the day, however, we don’t have a clear understanding of how the Directive is going to be enforced. EU member states have adopted varying standards around the Directive, forcing companies to implement a range of solutions. As a result, companies will need to take a flexible approach to address the EU Cookie Directive.

Some EU member states have yet to pass or even propose domestic legislation incorporating the Directive’s requirements. While most member states have implemented the requirements into national law, they have done so using different standards for consent, including:

1)  Implied Consent – whereby a user’s consent is presumed, unless it’s later withdrawn.

2)  Express Consent – whereby a user must accept tracking activity for it to occur

3)  Contextual Consent – whereby a user is offered implied or express consent mechanisms depending on the data collection activity.

TRUST is helping clients develop EU privacy solutions that have the flexibility to address the full range of Directive interpretations. Some clients have elected to pursue express consent solutions, while others have opted for a combination of implied and express consent solutions.  We’re committed to supporting all implementations and delivering flexible technology platforms that can meet each client’s needs.

Our TRUSTed  Consent Manager supports both implied and express consent functionality and offers seamless switching capabilities if a client decides they want to move from implied to express consent (or vice versa).  We’ve been delivering leading-edge privacy management solutions for over a decade based on privacy expertise, robust technology platforms, and strong consumer insights.  We’re excited to leverage that deep background to help companies address the EU Cookie Directive through our suite of EU privacy solutions.