Monday 10th December 2018

ePrivacy Proposal

This text is a draft proposal published by the European Council on 4th May, 2018

Chapter 1 (Articles 1 - 4)

General provisions

Chapter 2 (Articles 5 - 11)

Protection of electronic communications of end-users and of the integrity of their terminal equipment

Chapter 3 (Articles 12 - 17)

End-users' rights to control electronic communications

Chapter 4 (Articles 18 - 20)

Independent supervisory authorities and enforcement

Chapter 5 (Articles 21 - 24)

Remedies, liability and penalties

Chapter 6 (Articles 25 - 26)

Delegated Acts and Implementing Acts

Chapter 7 (Articles 27 - 29)

Final provisions

Recitals (1-42)

Select an Article

Select a Recital

Recital 24

Appropriateness of methods for obtaining consent via browsers

(24) It is necessary to require providers of software enabling access to internet that, at the moment of installation or first use and at the moment of update that change the privacy settings, end-users are informed about available privacy settings. Information provided [sic] should not dissuade end-users from selecting higher privacy settings and should include relevant information about the default setting and about the risks associated with the different privacy settings, including those related to allowing third party cookies to be stored in the computer, including the compilation of long-term records of individuals’ browsing histories and the use of such records to send targeted advertising. Updates of software enabling access to internet should not alter the privacy settings selected by the end-user. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowed. This Regulation does not prevent website providers from requesting the consent of the end-user for the use of cookies irrespective of the privacy setting selected by the end-user.