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ARTICLE · 19 MARCH 2012

How The Cookie Crumbles

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In December 2009, European Directive 2009/136/EC (the Directive) entered into force requiring all countries of the European Union (EU) to enact national legislation requiring, amongst other things, that website owners must obtain informed consent for the use of cookies by their website before any cookies are planted on the user's computer hard drive.

European UnionMedia, Telecoms, IT, Entertainment
Melanie Eggers
Melanie Eggers
Christophe Fichet
Christophe Fichet
Leslie Milton
Leslie Milton
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In December 2009, European Directive 2009/136/EC (the Directive) entered into force requiring all countries of the European Union (EU) to enact national legislation requiring, amongst other things, that website owners must obtain informed consent for the use of cookies by their website before any cookies are planted on the user's computer hard drive. This means that website owners must now provide users with an upfront way to opt-in for cookies, and must ensure no cookies are used unless the user has provided their consent expressly (strict opt-in) or perhaps impliedly. Previously it was sufficient that users were provided with a facility to opt-out if they sought it out. The deadline for national implementation of the Directive was 25 May 2011, but the period for website compliance expires on 25 May 2012.

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