What is the ePrivacy Directive?
The ePrivacy Directive is a European data law which states that websites must obtain valid consent before storing cookies on users' computers
What is the ePrivacy Directive (The European "Cookie Law")?
The ePrivacy Directive – also known as the European “cookie law” – is a European Directive from 2002 (revised in 2009). It is transformed into national law across the European member states.
The Directive concerns the use of cookies and other tracking technologies that websites and apps use.
According to the directive, all websites in the EU must collect their visitors’ consent in order to store cookies onto the users’ computers or smart phones (devices).
That means, if a website uses cookies for purposes like statistics and/or marketing, the site must ask the user for his or her consent before placing the cookies.
Link: ePrivacy Directive 2002
We will go through:
Who does the ePrivacy Directive apply to?
If your website uses cookies (first or third party), then the ePrivacy Directive applies to your site.
This is regardless of whether your site is privately owned or pertains to a company or public authorities.
Your national Data Protection Authority has published a set of guidelines for using cookies which may vary slightly from the ePrivacy Directive.
Remember, the rules for using cookies for collecting and processing personal data is tightened with the GDPR.
Link: What is the GPDR?
Checklist to comply with the ePrivacy Directive
- Get a professional cookie banner
- Inform your users of cookies, their purpose and lifespan
- Ask for consent before placing any cookies (except technically necessary cookies)
- Give your users the option of declining cookies (opt-out)
- Hold back cookies, until you have received valid consent
- Store all consents for 5 years (as required by law)
Is your website complying with the ePrivacy Directive and GDPR?Get a free website audit.
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