Cookies | Seers Article
The European cookie consent law, the ePrivacy Directive, is an integral part of the European Union Data Privacy Framework. This is part of the effort to secure the online privacy of EU Citizens and you should ensure that you utlize a compliant cookie consent banner for your website.
The law was issued in 2002 from the EU and amended in 2009. This law affects a user’s experience of managing cookies and tracking technologies.
This law was created to enforce and secure the privacy rights of individuals by protecting their personal data. The EU Charter of Fundamental Rights (Article 8), stated that,
“Everyone has the right to the protection of personal data”, and that “such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned”.
Further, it explained that “everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.”
Let’s be a bit clearer, the EU cookie law is the ePrivacy Directive, passed to protect the privacy of EU citizens. This provides guidelines regarding the privacy of EU citizens in relation to electronic communications as part of the wider EU efforts to establish a cohesive framework.
It can be taken as a user defence against the World Wide Web of online tracking, personal profiling, unsolicited marketing tactics and non-consensual harvesting of data by third parties.
Protection of user privacy is the primary objective of this law. As the Directive reads, “the right to private life, the confidentiality of communications and the protection of personal data in the electronic communications sector”.
Europe has been declared as a leading tech watchdog in the whole world, by the New York Times.
It is as a result of EU cookie consent law and the General Data Protection Regulation (GDPR).
The cookie consent law under General Data Protection Regulation (GDPR)relates to how other people are dealing with your digital data, what actions they can take with or without your consent. It also states the purpose of and the actual ways that your data can be used.
Do not confuse these two legislations, the EU cookie law and the General Data Protection Regulation (GDPR). They are separate laws, however GDPR has an impact on how certain parts of the ePrivacy Directive should be interpreted.
The ePrivacy Directive is an old legal act, issued in 2002 and amended in 2009. It deals with cookies, data retention and unsolicited e-mailing. Remember, it is not a regulation but a directive, and will be implemented differently in the 28 member states of the EU.
The General Data Protection Regulation (GDPR) is a new regulation, which came into force in the European Union in May 2018. The scope of GDPR is more significant than the previous ePrivacy Directive. Its primary focus is data protection (covering all forms of personal data) and how companies and organisations are playing their part in securing transparency and registering user consent.
It is incredible to realize that the GDPR has flagged up the word “Cookie” only once.
With a lot of rules, directives, regulations and mostly with different types of cookies, it gets complicated.
Being a website owner, you need to keep the following key points in mind with respect to cookies:
Frequently Asked Questions (FAQs)
Q. Is cookie consent required?
Fundamentally, the cookie consent law requires every user to provide prior informed consent before a single tracking file gets stored on his or her computer. This clarifies that you, as a website owner, must show details on how and why you are using cookies. Your visitors must have an opportunity to withdraw and refuse consent at any time.
Q. Does the US have cookie law?
Yes the US reqires companies that transact business in California to comply withe California Consumer Privacy Act (CCPA) and all affected websites should implement a CCPA compliant cookie consent banner. Moreover, if US companies transact business in the EU then they are obliged to comply with the GDPR and its requirements for consent.
Q. What are the expectations for cookie consent under GDPR?
The General Data Protection Regulation (GDPR) and ePrivacy Directive deal with how you, a site owner should obtain and store cookie consents for all EU visitors to your website.
Q. What are the requirements of the EU cookie law?
The EU parliament declared it necessary for every state within the European Union to follow the cookie law. Under this law, you have to obtain informed consent prior to storing or retrieving information on any user’s device.
Q. What is consent?
Under cookie law, consent is defined as “any freely given specific and informed indication of his/ her wishes”. In this statement, “informed” indicates that a site must show its users what type of cookies they use and also inform users of its purpose.
Q. What is a compliant cookie consent banner?
A compliant cookie consent banner must:
Seers provides a market leading cookie consent banner that encompasses all the above features and more!