[EuroPython] Publication of speakers' data on the web site

[Michael Foord]

On 09/04/2011 16:20, Michael Foord wrote:
> On 09/04/2011 15:46, Charlie Clark wrote:
>> [snip...]
>> <legal-stuff>
>> The EU directive was not particularly well-drafted and explicitly 
>> forbids the use of cookies on a website without the explicit consent 
>> of the user in advance. Cookies that "are essential for the technical 
>> provision of a service" may be exempted from this. Although the law 
>> is supposed to enter into force by 25th May 2011 it must be 
>> implemented in each individual nation state and the EU Commission 
>> normally gives countries at least three years before initiating 
>> procedures. However, the jurisdiction on this is not clear for such a 
>> patently international process: what happens when the law is in force 
>> in country X and not in country Y. Because the law is so poorly 
>> drafted it is likely to open the door at least to test cases and at 
>> worst to serial injunctions leaving it up to the courts to decide 
>> exactly how to interpret it.
>> </legal-stuff>
>>
>> I hope this helps clarify my comments.
>
> It's normally the case however (certainly my understanding) that EU 
> directives have no direct legal validity until passed into law in 
> member states. (Member states can be prosecuted for not passing them 
> into law - but nationals aren't bound by them until this happens.) So 
> the EU directive is not relevant unless and until it is passed into 
> Italian law.
And as an additional note, if my assertion is correct, the EU directive 
*still* won't be directly relevant as the law that will apply will be 
the *specific* law passed by the Italians. Yes member states *do* cede 
some sovereignty to the EU, but not usually in a direct law making 
capacity, more as in controlling what laws they are *able* to pass. 
Factortame [1] in the UK in the seventies is the UK landmark case that 
decided laws in contravention of EU regulations are not valid, but still 
doesn't apply give the regulations direct legal force - except where 
there are national laws expressly making that the case. Don't take legal 
advice from *any* programmers though. ;-)

All the best,

Michael Foord

[1] http://en.wikipedia.org/wiki/Factortame_litigation
> All the best,
>
> Michael Foord
>
>>
>> Charlie
>
>


-- 
http://www.voidspace.org.uk/

May you do good and not evil
May you find forgiveness for yourself and forgive others
May you share freely, never taking more than you give.
-- the sqlite blessing http://www.sqlite.org/different.html