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There are cookie policies in the EU. GDPR covers personal data, of which cookies can be one particular way. The ePrivacy Directive is a separate law, modified b
by lmkg 6y ago
There are cookie policies in the EU. GDPR covers personal data, of which cookies can be one particular way. The ePrivacy Directive is a separate law, modified but not repealed by GDPR, which addresses cookie data. The difference and interaction between those two laws ends up being extremely significant.
- pdpi 6y agoEvery single instance of the word "cookie" in the ePrivacy Directive[1] is qualified with either a "for instance" or with "or similar devices". 1. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32002L0058&from=EN https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELE...
- lmkg 6y agoMy point is that cookies have additional regulations beyond just being personal data covered by GDPR. You are correct that cookie-equivalents are similarly regulated (including most fingerprinting techniques!). But they're not just a special case of GDPR. Most importantly, the ePD applies to cookies even when they are not personal data. Your post made it sound like the only concern is identifying users via cookies. That is not the case. Non-identifying cookies would not incur obligations under GDPR, but they do incur obligations under the ePD.