ePrivacy rules and data processing in users' terminal equipment: A Croatian experience

Implementation of revised ePrivacy Directive rules on accessing, and using information stored in users' terminal equipment was due in 2011 throughout the EU. Corresponding rules were already in 2011 transposed into Croatian law. In this paper authors analyze new ePrivacy Directive rules while focusing on cookies and similar technologies. They examine interpretations of compliance requirements as to selected types and purposes of cookies, and observed ambiguities towards reaching effective and user-friendly implementation in practice that complies with ePrivacy Directive. General conclusions are presented on research conducted into transposition and enforcement in the EU. This is complemented with research into legislative solutions of one EU State, not as representative or suggested best-practice but as example of most recently adopted rules in EU, while taking into account especially earlier observed ambiguities in practical implementation and nuances in adopted legal solutions EU-wide. Analysis of the setting in Croatia begins with a quick-test on cookie practices as regards domestic websites, followed by analysis of relevant legislation and related developments in Croatia. Research conducted supports authors' conclusions on needed guidance and awareness-raising activities together with monitoring and careful selection of best-practice approaches towards meeting compliance including, in particular, effective technological solutions supporting ePrivacy Directive requirements.