Cookies: New Guide creates little clarity

The Danish Commerce Board is on the stairs with a new guide to cookies. The media are afraid that the cookie rules will cost lost ad headlines while being difficult to handle.

Although the guide to the Cookies rules from the Danish Business Authority was delayed and could not be handed over, the director of the Business Administration, Brian Wessel, gave an insight into what the new guide will contain at a well-attended seminar at Danish Media.

The main points were the following

  • A website should clearly inform about the purpose of the cookies that are placed on the user’s computer
  • Consent from the user must be given before the site puts a cookie on the computer
  • The media/proprietor of the site is primarily responsible for the use of cookies for the purpose for which you request permission – even if there are third party companies across the site.

However, Brian Wessel had to admit to the assembly that even with the new directive to the EU directive, which was adopted already in May last year, it will still be difficult to know exactly how to commit to breaking the cookie- The law and there will not be precise guidance in what a site should do to comply with the law – thus avoiding fines.

It worried the participants and although Brian Wessel repeatedly promised that the Danish Commerce and Industry Agency would not immediately start fines and that, according to the Board, it was sufficient to see that the media started work on information and trust in users, several of the participants felt that it should be in the guide so that you should not fear fines as if possible. could reach an order of 100,000 kroner.

Another concern from the Chamber and which caused some debate was that the user’s consent should be given before a cookie is to be put on the user’s computer. It was argued that if the user can log off a website without being registered as a user, the media will lose a lot of unique users and thus adverts.

This confirmed Peter Loell, director of OMG when he said that the user without cookie commitments would lose value for media agencies and thus for advertisers.

On the other hand, he also said that ethics about user data could be a competitive parameter – and therefore it is a task in telling media agencies that high media morale is of great value.

At the same time, Peter Loell pointed out that the EU directive is a welcome opportunity to point out to the users that there is a paradigm shift from free to fee – where fees can be a payment with cookies.

Another concern from the conference was that the media is the main responsibility for what cookies are used for. Even though there are many third parties – as you call it – when there are banners on a site. It may be advertising networks, media agencies, and others who put cookies on banner ads and use these cookies for a variety of purposes.

Brian Wessel of the Danish Enterprise Agency and Attorney Heidi Steen Jensen from Horten Advokater, as an adviser to the Cookies Directive, both recommended that they enter into agreements with third parties to ensure that they use cookies. However, Heidi Steen Jensen emphasized that it is the individual website that has the main responsibility and who also has to check whether cookies are not used for anything other than what has been agreed with the user.