In particular, the Draft Recommendation explains how to comply with the new obligation to obtain prior consent before placing or accessing cookies and similar technologies on users’ devices, as provided by Article 129 of the Belgian Electronic Communications Act (which transposes Article 5.3 of the revised e-Privacy Directive 2002/58/EC). Consent is not required if the cookie or similar technology is used for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or if it is strictly necessary for the provision of a service requested by the user. The Draft Recommendation provides examples of cookies that fall under these exceptions (e.g., “shopping basket” cookies, authentication cookies).
Comments on the Draft Recommendation may be sent to the Privacy Commission by mail (rue de la Presse, 35 – 1000 Brussels) or by email (email@example.com). The public consultation will be closed on July 31, 2014, after which the Privacy Commission will publish the final version of the Recommendation.