Mar 9, 2011 09:33 GMT  ·  By

As the deadline to implement the controversial EU Telecoms Reform Directive (TRD) draws near there is still confusion as to how its tracking cookie requirements will be put into practice.

The proposed regulation is sometimes referred to as the "Cookie Directive," because of one of the most important amendments it brings to the Privacy and Electronic Communications Directive (PECD), concerns browser cookies.

The new regulation would require websites to ask for explicit consent from users before storing tracking cookies like those used for behavioral advertising purposes.

But despite member states having until May 25 to implement this regulation, there are still questions about how the consent should be obtained.

"The directive will come into force in less than two months time and businesses and organisations running websites in the UK must wake up to the fact that this is happening," UK's Information Commissioner Christopher Graham said.

He also added that even though it will probably be implemented in time, the new legislation won't be enforced for some time in order to allow businesses to accommodate.

"I think the regulations will appear quite quickly but then we do need a reasonable time for everyone to adapt so typically you need about three months to get ready, so I would expect by the autumn we will see the whole thing up and running," Graham said.

According to The Register, a Department of Culture, Media and Sport (DCMS) spokesperson revealed that it is working with browser makers to find a solution.

"We are working with browser manufacturers to find a way to enhance browser settings so that they can obtain the necessary consent to meet the Directive's standards," the DCMS spokesman noted.

One thing's clear so far though - no one knows for sure how this will be implemented or if the browser accepting cookies by default can be considered consent.