>> has to put up an imprint on their website as well and show a cookie banner >> before it can be seen
No, theres no imprint requirement in Sweden if you do not operate a public service for remundiation (for pay). Then there is certain requirements by the consumer law if you provide paid services. Free services does not apply. HOWEVER, cookie banner are required for ALL websites that are public, free or not, that during SOME interaction in the future, may use cookies. This means, if you .htaccess lock your site, and the locked section requires a cookie somewhere, you have to provide a cookie notice in the “realm identification” setting in .htaccess (This is the text displayed in the password dialog, when it asks for a password) The problem with .htaccess, is that you must respond with a password request, for the client to show the password dialog. That means you are responding to packets from the public, with packets containing information. Its no different than serving a webpage. Its just data in the payload. Imagine changing protocol to RDP on 3389. Whats a password request then? That’s in the payload too. When is a RDP service on port 3389 a public service or not? Or SMTP is a great example: If a SMTP server receives mail without password, but requires password to send – is it a public service that require an imprint then? It becomes hard to define, that’s why EU law defines “public service” as anything that responds to packets on internet. And that’s why EU law have decided a service must be offered for “remundiation” to be covered in telecommunications law. You understand the difficulty? Due to the nature of the internet, the protocol differs, and thus, theres no clear point when the public have been deem given access. To make a house example, if a lobby in a corp building is open for anyone that visit the corp, is the corp being a public building or not, even if all other doors require a access card? Do you need to lock the front door to make the corp building a non-public space?
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