Archived Boards and Threads... > SMF Feedback and Discussion
New European Cookie Laws
Arantor:
Yes, I realise that it's intended for privacy, except that like the recent ASA legislation here in the UK: it's fatally undermined by the fact that the web is bigger than the UK and bigger than the EU.
So, a company that operates in the EU has to advise its users what cookie data is used for. What happens to people like me who are individuals, and that my site is physically located in the US?
What happens with global companies that have both US and non US areas?
The sad fact is, this is broken legislation. All it means is that companies who are responsible have more red tape to deal with, and those who aren't responsible will continue to operate outside the EU and still abuse your privacy through cookie sharing; in other words only legitimate sites are affected, those who really need targetting aren't touched because they're based mainly in the US.
Insight:
--- Quote from: Arantor on March 08, 2011, 10:35:44 AM ---Yes, I realise that it's intended for privacy, except that like the recent ASA legislation here in the UK: it's fatally undermined by the fact that the web is bigger than the UK and bigger than the EU.
So, a company that operates in the EU has to advise its users what cookie data is used for. What happens to people like me who are individuals, and that my site is physically located in the US?
What happens with global companies that have both US and non US areas?
The sad fact is, this is broken legislation. All it means is that companies who are responsible have more red tape to deal with, and those who aren't responsible will continue to operate outside the EU and still abuse your privacy through cookie sharing; in other words only legitimate sites are affected, those who really need targetting aren't touched because they're based mainly in the US.
--- End quote ---
Good points, but broken or not, some of us will need to adhere to it :)
Arantor:
Yes, some will... but it remains to be see how many will *need* to, and how many will actually *do* so.
I get the feeling it will be like the ASA's new powers in the UK, to combat false advertising... on the web. Yeah, that works well.
青山 素子:
Regardless, right now it appears that the actual regulations and policies around this aren't yet codified. As such, they could still change. Any effort made to try and focus on how they are at a single time could wind up partly or totally wasted.
Also, it is the duty of the website operator to ensue their site meets all local laws to which it might be subject (registering with the US Copyright Office as a designated agent, for safe-harbor protection, for example). A single product created by a US-registered company consisting of all volunteers cannot easily or in practicality ensure that all legal issues are covered internationally, especially when the software might simply be a component of a larger website or service.
butchs:
This is why I have a Canadian host. ;)
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