Advertising, marketing and promotions partner Liisa Thomas, based in Winston & Strawn's Chicago office, was quoted in the March 2011 issue of E-Commerce Law & Policy. The article, "UK not ready for 'unworkable' e-Privacy Directive provisions," discusses the pending implementation of the 2009 EU e-Privacy Directive, specifically the Directive's stringent consent provisions.
In order to comply with the Directive's "consent" requirement for cookies, the UK government is exploring browser setting options. According to E-Commerce Law & Policy, Member States in the EU are "waiting to see what others are doing." Many do not want to adopt a stricter approach, as it could impact competition. As a result, the U.S. is also waiting to see how Member States react. "We have a hard time conceptualizing how the new rules will be implemented," said Ms. Thomas. "If the result of an opt-in approach is no cookies – and there is no technology to replace it – it could lead to no websites and ultimately, no business."