EU Cookie Laws

About the EU Cookie Law

Also recognized as the 'Cookie Directive,' the regulation outlining the criteria for obtaining consent for cookies throughout the EU is Directive 2009/136/EC of the European Parliament and of the Council.

Essentially, this serves as an amendment to a preceding directive, namely Directive 2002/58/EC, which broadly addresses the safeguarding of data and privacy in online and other electronic communication channels.

Effective from May 25, 2011, the new directive spans approximately 26 pages. However, the pivotal paragraph concerning cookies is located on page 20:

“Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the processing. This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service.”

In essence, this mandates that informed consent must be obtained from users before any information can be stored or retrieved from their computers, mobile phones, or other devices.

The primary objective is to enhance end-user privacy and thwart organizations from acquiring information about individuals without their knowledge.

The reference to another directive in the aforementioned paragraph pertains to an earlier EU directive concerning data protection.

Regarding EU Directives:

Directives themselves are not standalone laws; rather, they establish a requirement for EU member states to enact laws that align with the directive's specifications.

Failure by countries to enact local laws can lead to the EU initiating legal proceedings against them. In 2012, it was reported that five EU states faced legal actions for not implementing local cookie laws.

For insights into laws within specific markets, refer to "Cookie Law in the UK" and "Cookie Laws Across Europe."