• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Phil Nicolosi Law

Protecting Your Business From The Ground Up

  • Home
  • About
    • Attorney Bio
  • DMCA Agent Service
  • Business Law
    • Corporate/Transactions Law
    • Organization & Startup Law
  • IP Law
    • Copyright Law
    • Trademark Registration
  • Internet Law
    • Data Privacy Law Compliance
    • Domain Name Disputes
    • FDA Compliance
    • FTC Compliance
    • SMS/FCC Compliance
    • Social Media Marketing
    • Website & App Terms
  • Resources
    • S-Corp Vs. LLC
    • Social Media Legal Survival Guide
    • ROKU Law Channel
  • Contact

Recent EU E-Privacy Directive Cookie Guidance!

By Phil Nicolosi, J.D.

The 2011 changes to the EU E-Privacy Directive require website operators to obtain visitor consent via an opt in if the site uses cookies. As a reminder, on October 14th, EU’s data protection regulators released a new guidance note clarifying website operators should obtain consent by some affirmative action. Specifically, the regulators recommended that:

  1. Specific information should be provided in any cookie notice;
  2. Prior consent should be obtained before cookies are set;
  3. There should be an indication of wishes expressed by active behavior; and
  4. There should be an ability to choose freely.

If you operate a website that targets visitors living in an EU country, you should be aware of the EU E-Privacy Directive changes made in 2011. In short, website operators are now required to seek consent from website visitors in order to use cookies, via an opt in mechanism. However, each EU member state was allowed to implement this change on its own accord. This has resulted in a conflicting definitions of what precisely constitutes opt in consent.

The Article 29 Working Party, a body made up of the EU’s data protection regulators, released a new guidance note on 14th October 2013. This was done to clarify the 2011 changes made to the Directive.

The bottom line is that is that website operators targeting EU visitors must obtain consent to use cookies by some affirmative action. Mere notice of the use of cookies isn’t enough.

Related posts:

  1. Website Privacy Policy Requirements Operators Should Know
  2. New California Online Privacy Laws Bring Big Changes!
  3. 7 GDPR Rules Businesses Should Follow
  4. Do California Data Privacy Laws Affect Illinois Businesses?

NOW Streaming on ROKU….. Search “Internet Legal Armor”

https://vimeo.com/249978050?loop=0

Click Here to add to your ROKU account.

Primary Sidebar

Contact Information

Phil Nicolosi Law, P.C.

7210 E. State Street, Suite 208
Rockford, IL 61108

P: (815) 314-0022
F: (815) 516-0395
[email protected]

About Phil Nicolosi, J.D.

Proudly Carrying On A Tradition Started In 1948! Philip A. Nicolosi III provides guidance to startups, small and closely held businesses, medium sized businesses, non-profit organizations and individual business owners with a variety of matters. Mr. Nicolosi provides … [Read More...] about About

Search for Topics Regarding Internet and Business Law

Recent Articles

  • Raging Bull FTC Complaint A Warning To Trading Services
  • Who “Owns” My Website?

Footer

Internet Law

  • Data Privacy & Security Compliance
  • DMCA Agent Service
  • Domain Disputes
  • FTC Compliance
  • FCC Compliance
  • Social Media Marketing

Business Law

  • Corporate Law
  • Startup Law
  • Trademark Registration

Free Resources

  • S-Corp Vs. LLC
  • Social Media Survival
  • Website Compliance
  • ROKU Channel

Legal

  • Terms of Use
  • Privacy Policy
  • Website Accessibility Statement

Follow Us

Contact Info

Phil Nicolosi Law, P.C.
7210 E. State Street Suite 208
Rockford, IL 61108

P: (815) 314-0022
F: (815) 516-0395

Copyright © 2023 All Rights Reserved-Phil Nicolosi Law, P.C.