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Working Group

It seems that the questions generated by the transposition of the European directive on the use of cookies will be clearing. But we cannot say that we will have good news. The European data protection authorities (known as the article 29 Working Group) met a few days ago to adopt an opinion on the exemption to the obtaining of the consent to the use of cookies. It is able to explain that kind of cookies could be used without need for the consent of the user visiting the web, and for which we have to use it. In the first place, and before creating more doubts about the cookies, I need distance cookies in accordance with the rules of data protection. Its regulation depends on the law of services of the information society (better known as LSSI), that at no time difference to those cookies that collect personal data, those that do not.

Therefore, although we have a type of cookies that only collect aggregate or anonymous data, we need to have a mechanism that allow to obtain the consent of the user until they are stored. LSSI raises only two criteria for exempt use of this consent, which are those used for:-criterion: carry out the transmission of a communication over an electronic communications network. -Criterion B: the provision of an information society service explicitly requested by the recipient. In these cases, always have cookies enabled as object some of these criteria, shall not apply to consent. However, there are possibilities of a same cookie can be used with different objects. It may only be exempt from consent if all their purposes are not individually. For example, if a same cookie could be used to remember user preferences and at the same time be used to analyze the behavior of the user, not it might be exempt from consent.