Update: European Union Parliament Votes to Ban Unsolicited Commercial E-Mail
September 24, 2002
Vito A. Costanzo- Los Angeles
We reported in April that the European Union (EU) was
considering restrictions on the use of “cookies” and unsolicited commercial
e-mail, or “spam,” on the Web. The European Parliament has since approved a
directive that would require the recipient’s explicit consent for the receipt
of commercial e-mail. This “opt-in” process will replace the “opt-out” process
currently utilized. EU member states are expected to approve the directive.
U.S. companies have escaped this requirement, as the
directive will apply only to EU companies. Further, the impact of the directive
in the EU may be negligible in view of the large amount of unsolicited e-mail
sent to EU consumers from outside the EU.
The European Parliament also rejected a proposal to
prohibit the retrieval of information through the use of cookies unless Internet
users opt-in by providing explicit consent. Instead, the directive allows the
use of cookies provided that consumers are warned before using the Web site.
This weakened provision is a victory for advertisers, who rely on cookies to
collect marketing data.
For more information, contact Vito Costanzo, toll free at
888-688-8500, or via e-mail at vcostanz@hklaw.com.