Cookies
According to the Swedish Electronic Communications Act, which entered into force on 25 July 2003, everybody who visits a website with cookies should be informed that cookies are used on that particular website. When you visit this website cookies will be stored on your computer. These cookies are session cookies and are used to keep track of your log in (if you are logged in) and your shopping cart when you are shopping. Session cookies are not stored over time on your computer and dissapear when you close your web browser.
If you do not accept usage of cookies you can set your web browser to automatically reject cookies or to inform you that a cookies are being used on the web site. If you reject cookies you will not be able to shop at this web store since the shopping cart and the log in need cookies to work properly. However you can look around in the web shop without having cookies activated.
What is a cookie?
A cookie is a little text file which the website you visit saves on your computer. Cookies are used on many websites to provide a visitor with access to various functions. The information in the cookie can be used to monitor a user’s surfing.
There are two kinds of cookies. One kind saves a file on your computer for a long time. This is used, for example, for functions that tell you what is new since the user last visited that particular website. The other kind of cookie is called a session cookie. During the time you surf a site, this cookie is saved temporarily in the memory of your computer, for example to keep track of what language you have chosen. Session cookies are not stored for a long time on your computer, but disappear when you close your web browser.
What does the Act say?
According to the Electronic Communications Act, which entered into force on 25 July 2003, everybody who visits a website with cookies should be informed about:
- the website containing cookies
- what these cookies are used for, and
- how cookies can be avoided.
See the first sentence of Section 18, Chapter 6 of the Electronic Communications Act.
Electronic communication networks may be used to store or gain access to information that is stored in the subscriber’s or user’s terminal equipment only if the subscriber or user receives information from the controller of personal data about the purpose of the processing and is given an opportunity to impede such processing. This does not prevent such storage or access that is required to perform and facilitate the transfer of electronic messages via an electronic communications network or which is necessary to provide a service that the user or subscriber has expressly requested.
When should information about cookies be provided?
Information does not need to be provided before the user enters the website, but can be given during the time that the user is in the website. A precondition for this is probably that the website has cookies that the user can avoid through setting their web browser. A web browser can be set so that the user automatically declines cookies or is informed if a website contains cookies.
Information to the user should be should be clearly shown on the website.
Comments on Section 18, Chapter 6 contained in the Government Bill 2002/2003:110, Electronic Communications Act, page 396.
It is sufficient that information about such measures as referred to in the Section is provided to the user or subscriber and that the possibility of refusing such processing is given during the session in question. This does not require that the user or subscriber should first have accepted the measures, provided that normal routines are used, so that the user or subscriber by setting their web browser can prevent such use from the outset and normal enquiry routines are used when data files are placed in the receiving terminal (cookies).
What is the purpose of the provision about cookies?
The provision in the Act aims to protect the integrity of the user. Cookies are used on many websites to provide a visitor with access to different functions. The information contained in the cookie can be used to monitor a user’s surfing. Cookies can therefore also be used to compile and analyse the information that a user leaves when he or she surfs on the Net.
More information about cookies will be found on the PTS website.
