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The way the cookie crumbles: online tracking meets behavioural economics

Abstract:
Limitations on online tracking are object of a regulatory debate that has shifted to the use of default rules to enhance privacy. The European Union implemented this idea with the Cookies Directive. The Directive aims to change the default system for tracking and move to an opt-in system in which data subjects must agree to it beforehand. This article evaluates the Directive’s implementation across Member States and studies the cases of the Netherlands and the UK. It then draws from the behavioural economics literature on default rules to evaluate these regulations and to consider whether it is possible to implement the policy in a way that avoids some of the problems they faced.
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ijlit/eaw013

Authors


More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Reuben College
Role:
Author
ORCID:
0000-0001-9067-7231


Publisher:
Oxford University Press
Journal:
International Journal of Law and Information Technology More from this journal
Volume:
25
Issue:
1
Pages:
38-62
Publication date:
2016-10-26
DOI:
EISSN:
1464-3693
ISSN:
0967-0769


Language:
English
Keywords:
Pubs id:
2031197
Local pid:
pubs:2031197
Deposit date:
2024-09-20

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