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ARTICLE · 28 JULY 2011

EU Requires Consent Before Cookies Can Be Placed

Hunton Andrews Kurth LLP
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On May 26, 2011, the 2009 amendments1 to the e-Privacy Directive2 (the "Directive") regulating the use of internet cookies in the European Union ("EU") went into effect.

European UnionIntellectual Property
Ignacio Hirigoyen
Ignacio Hirigoyen
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On May 26, 2011, the 2009 amendments1 to the e-Privacy Directive2 (the "Directive") regulating the use of internet cookies in the European Union ("EU") went into effect. The Directive, as amended, requires website operators and advertising companies falling within the legal jurisdiction of the EU to gain explicit consent before placing any cookie on users' machines. 

What Is changing?

Before the Directive was amended the EU only required companies to inform users that cookies were utilized and to supply users with information regarding how to "opt out" if the users objected to the cookie being created on their device. Sites often include in their privacy policies information regarding the use of cookies and the ability by users to "opt out" of the placement of such cookies. 

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