Answer given by Mr Oettinger on behalf of the Commission

7.7.2015

The Commission is aware of the existence of ongoing investigations carried out by national data protection authorities into Facebook's handling of individuals’ privacy, including alleged tracking of non-registered users.

Any use of cookies to track users must be in line with the national laws implementing the applicable EU Directives, in particular Article 5(3) of the revised e-Privacy Directive[1], which requires websites to obtain the user's informed consent before retrieving and placing information on the user's terminal equipment.

Without prejudice to the powers of the Commission as guardian of the Treaty, national authorities are the competent bodies to monitor the application of the national measures implementing the above Directive and take the relevant actions. The Commission has no competence to enforce these rules. Therefore, Internet users who feel affected by such practices should address their concerns to the national authorities competent for any of these matters, which are in a position to investigate the conduct of particular companies.

The Commission has supported the industry in its initiatives to put in place new ways of making users more aware of their rights under the e-Privacy Directive without overloading them with information, such as Do Not Track (DNT) and the European Self Regulatory Programme on Online Behavioural Advertising (OBA). Information on cookies and different mechanisms to seek consent, for example through banners, a dialogue box or splash windows, are increasingly visible on publishers' websites.

• [1] Directive 2002/58/EC, as amended by Directive 2009/136/EC.