Privacy notice for dummies? Towards European guidelines on how to give “clear and comprehensive information” on the cookies’ use in order to protect the internet users’ right to online privacy

Abstract

The reviewed ePrivacy Directive aims at ensuring internet users’ online privacy by requiring users to give informed consent to the gathering, storing, and processing of their data by internet service providers, e.g., through the cookies’ use. However, it is hardly possible to talk about an “informed” consent if internet users are not aware of cookies or do not understand when and how they work. Currently, European rules require internet service providers to provide internet users with a “clear and comprehensive” information on the cookies’ use without further specifying what kind of disclosure would be seen as compliant therewith. This paper assesses the need for harmonized European guidelines on transparent and readable disclosure on the cookies’ use and suggests the way forward based on comparative legal research and findings from consumer behaviour research.