FinlandInformation Society Code (Laki sähköisen viestinnän palveluista), Section 205, Consent for Storing and Using Data on a User's Terminal Device
Tietoyhteiskuntakaari (917/2014), 205 §
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- Store cookies or other data describing the use of a service on a user's terminal device, and use that data, only if the user has consented and you give the user understandable and comprehensive information on the purpose of the storing or use (section 205, paragraph 1). Storing or use whose only purpose is to carry out the transmission of a message in communications networks, or that is necessary for you to offer a service the subscriber or user has expressly requested, is outside that rule (section 205, paragraph 2).
- Store and use that data only to the extent the service requires, and restrict privacy no more than is necessary (section 205, paragraph 3).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 349 punishes intentionally failing the duties in section 205, paragraph 1 to ask for consent and give information, or storing or using data in breach of section 205, with a fine, unless a more severe penalty is provided elsewhere, and imposes no penalty if the breach is minor.
Who enforces it
Enforcement body
The Finnish Transport and Communications Agency Traficom (Liikenne- ja viestintävirasto), whose task is to supervise compliance with the Act unless the Act provides otherwise (section 303).
What this law does
Section 205, paragraph 1 of the Information Society Code allows a service provider to store cookies or other data describing the use of the service on the user's terminal device, and to use that data, if the user has consented and the provider gives the user understandable and comprehensive information on the purpose of the storing or use.
Section 205, paragraph 2 provides that paragraph 1 does not cover storing or use whose only purpose is to carry out the transmission of a message in communications networks, or that is necessary for the service provider to offer a service the subscriber or user has expressly requested. Section 205, paragraph 3 allows that storing and use only to the extent the service requires and only so far as it restricts privacy no more than is necessary.
Section 303 gives the Finnish Transport and Communications Agency the task of supervising compliance with the Act, unless the Act provides otherwise. Section 349 punishes a person who intentionally fails the duties in section 205, paragraph 1 to ask for consent and give information, or stores or uses data in breach of section 205, with a fine, unless a more severe penalty is provided elsewhere, and imposes no penalty for a minor breach.
When LexLint raises it
When your app profile says your app tracks devices.