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In amending Article 5(3) of Directive 2002/58/EC by adopting Directive 2009/136/EC, the European legislator laid down the principle that the storage of information on a user's equipment or access to information already stored should only be carried out with the user's prior consent, unless these actions are strictly necessary for the provider to deliver a service expressly requested by the user. Article 32-II of the law of 6 January 1978 takes over this principle.
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