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By amending Article 5(3) of Directive 2002/58/EC through the adoption of Directive 2009/136/EC, the European legislator established the principle that storing information on a user's equipment or accessing already stored information 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 subscriber or user. Article 32-II of the law of January 6, 1978, reiterates this principle.

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