ABSTRACT

Other ways of strengthening rights of individuals include clarifying and strengthening the rules on consent. Currently, there are differences in the interpretation of 'consent', ranging ±rom a general requirement of written consent by some Member States to the acceptance of 'explicit' consent. Calls for clarification were needed from the European Commission, particularly in the context of behavioural advertising, whereby internet browser settings delivered the user's consent. It is doubtful, however, how the users' level of understanding of the internet settings could be set. In other words, does one expect a reasonable level of comprehension in the use of the internet or a much lower standard? It is submitted that with the wide use ofwebsites such as Amazon, Facebook47

does provide for strong remedies to be used in light of data security breaches, so this is likely to reinforce and bring to focus the underlying aims and rationale of data protection laws.