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Deutsch: EU-Staaten müssen sich für bisherige Nicht-Umsetzung der EU-Telekomm...
The European Commission has sent letters of formal notice requesting information from 20 EU countries regarding the reasons why they have not yet fully implemented the EU Telecoms Package.
The EU member states were supposed to produce national legislation that would implement, by 25 May 2011, the EU Telecoms Package, adopted late 2009, but only seven states have fully complied until now.
The Telecoms Package includes amendments to the EU's Privacy and Electronic Communications Directive providing a new requirement for website owners to obtain consent from users to track their online behaviour through "cookies".
According to the EU Directive, storing and accessing information on users' computers was lawful provided "the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information about the purposes of the processing".
The 20 member states have begun the process of drawing up new laws and some have even implemented some of the new telecoms laws requirements but not the entire Telecoms Package. In June, EU Commissioner Neelie Kroes warned the member states that the Commission would use its "full powers" against those countries that would not comply with the Directive.
Yet, Peter Hustinx, the European Data Protection Supervisor (EDPS), stated that the Commission has not offered consistent guidance on how the EU states should comply with the new legislation. Hustinx also criticised Kroes for supporting self-regulatory methods undertaken by the online advertising industry and for her support for the US "do not track" measures allowing users to request websites not to monitor their activity, as the system relies on websites reacting to the users' requests.
The formal letter sent by the Commission to the 20 countries represent a first legal stage in the identification of infringements from countries that have not enacted EU laws and could be referred to the European courts.
The 20 state members are supposed to reply to the letters within two months. "If they fail to reply or if it is not satisfied with the answer, the Commission can send the member states concerned a formal request to implement the legislation, and ultimately refer them to the European Court of Justice (ECJ)," the Commission said.
The ECJ can order EU member countries to implement EU Directives and fine them if they do not.
European Commission begins legal action against countries that have still to
implement telecoms laws (20.07.2011)
http://www.out-law.com/page-12098
Digital Agenda: Commission starts legal action against 20 Member States on
late implementation of telecoms rules (19.07.2011)
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/905&...