On the other hand, the amended E-Privacy Directive has raised debate over whether its implementation in member states will have any impact on the Internet services business, since the Directive leaves much room for interpretation by national legislators. There seems to be the possibility to mitigate or even evade the requirement of the user’s prior consent. Recital 66 of the Directive states that the user’s consent may be received through browser settings. As default settings of major browsers generally allow cookies, this standpoint would make the Directive’s impact on business quite minor.
As a conclusion, the user-friendly approach taken in the government proposal seems to be clear on browser settings qualifying as consent for cookies. However, there still remains the possibility that Finland’s user-friendly approach could be changed to comply with a general European line favouring privacy concerns.