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Imagine if tennis had different rules in every country: Cookie Confusion comes to the Continent

Posted on November 26, 2010July 3, 2025 by Dissent

Peter Fleischer writes:

A decade ago, European policymakers debated the level of consent required for data protection purposes when a website uses a cookie. Common sense ultimately prevailed. Policymakers realized that an opt-in regime would drive users mad, as every website would be forced to serve up pop-ups asking users to opt-in, annoying everyone. Alternatively websites could just stop using cookies, but that’s unworkable in basic technology terms. So, a Directive was adopted mandating an opt-out regime, together with clear notice in privacy policies of the use of cookies. All browsers introduced cookie controls too. After a decade more experience with the Web, rather than seeing more wisdom about the Web, we’re seeing the status quo common-sense approach up-ended by contradictory policy agendas in Europe. So, the question is back on the policy agend: should interest-based advertising should be opt-in, or opt-out?

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