On 09/04/2011 15:46, Charlie Clark wrote:
[snip...]
<legal-stuff>
The EU directive was not particularly well-drafted and explicitly
forbids the use of cookies on a website without the explicit consent
of the user in advance. Cookies that "are essential for the technical
provision of a service" may be exempted from this. Although the law is
supposed to enter into force by 25th May 2011 it must be implemented
in each individual nation state and the EU Commission normally gives
countries at least three years before initiating procedures. However,
the jurisdiction on this is not clear for such a patently
international process: what happens when the law is in force in
country X and not in country Y. Because the law is so poorly drafted
it is likely to open the door at least to test cases and at worst to
serial injunctions leaving it up to the courts to decide exactly how
to interpret it.
</legal-stuff>
I hope this helps clarify my comments.
It's normally the case however (certainly my understanding) that EU
directives have no direct legal validity until passed into law in member
states. (Member states can be prosecuted for not passing them into law -
but nationals aren't bound by them until this happens.) So the EU
directive is not relevant unless and until it is passed into Italian law.
All the best,
Michael Foord
Charlie
--
http://www.voidspace.org.uk/
May you do good and not evil
May you find forgiveness for yourself and forgive others
May you share freely, never taking more than you give.
-- the sqlite blessing http://www.sqlite.org/different.html
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