ePrivacy and the use of cookies is a legal area developing rapidly, and which affects almost all companies and public authorities which are present on the internet.

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Intellectual Property and Technology

Especially with the General Data Protection Regulation (GDPR) entering into force, cookies and ePrivacy have become more complicated, and the interplay between the two sets of rules leads to many legal challenges.

At DLA Piper we have extensive experience in handling legal challenges within ePrivacy and cookies, including the interplay with other complex legislation, such as data protection law and marketing law. We focus on the specific issues that companies and public authorities must be aware of, including that related regulations are not overlooked.

Cookies and other tracking technologies

Cookies and other tracking technologies (such as tags and pixels) are used everywhere on the internet. Therefore, it is important that data collected and processed through cookies and other tracking technologies, among other things, complies with the conditions of consent and accurate information and complies the requirements in data protection law if applicable.

We advise your organization on what information you can collect through tracking technologies, when you can collect information and how.

New services

The landscape for the use of cookies and other tracking technologies is further complicated by new services on the market, such as social media and services that track and analyse behaviour of users. These services usually offer integration between platforms, which means, that the services collect personal data on platforms, that belong to your organization.

This can cause a variety of complex issues, including who is responsible for the information collected on your organization’s platform.

We advise on entering and drafting joint controller agreements if your company processes information jointly with other controllers and thereby act as joint controllers. Your company might, for example, be a joint controller with one or more social media such as Facebook, Instagram or LinkedIn. In addition, we can assist with data processing across platforms, thereby complying with applicable law.

ePrivacy

The ePrivacy Directive is implemented in a wide range of Danish laws and regulations and is intended to regulate people’s privacy on the internet. Among other things, the directive contains rules on secrecy of communication, use of location data and unsolicited communication.

These are regulations applicable in a number of specific circumstances. We can assist your organisation if it is covered by these circumstances. 

Contact DLA Piper’s personal data team

If you have any questions on whether your company complies with the law, or if you want to know more about the data privacy rules in Denmark and the EU, you are very welcome to contact our team of experts for a non-committal talk. We have provided advice and training on cookies and ePrivacy for many years to both Danish and foreign companies within various industries