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There’s a lot of conflation between the 2003 EU Cookie Directive, and the GDPR. The cookie directives specified a technical means (“cookies”) and actions that

There’s a lot of conflation between the 2003 EU Cookie Directive, and the GDPR. The cookie directives specified a technical means (“cookies”) and actions that needed to be taken in order to use them. The GDPR specifies the ends (collecting and/or processing personal information) and the conditions (explicit and freely given consent), stating that anything achieving those ends must meet the conditions. It’s a much better written law than the 2003 Cookie Directive, because it avoids the need to irritate users for legitimate use cases, while also preventing legal loopholes (e.g. “We didn’t use a cookie, just the browser’s localStorage feature.”)

privacylawthrow 4y ago
This is factually incorrect. The "Cookie Directive" wasn't from 2003, it was an amendment to the ePrivacy Directive. The ePrivacy Directive came into effect in 2002, and it was amendend in 2009. That amendment is what people generally call the "Cookie Directive" because it required consent for storage of information on end user devices. It did not specify cookies, and did not actually specify any technical means. The ePrivacy Directive requires that companies get consent from users before storing information or gaining access to information stored on end user devices. This includes every kind of cookie you can think of, including LocalStorage. There is an exception for cookies necessary for the service requested, which typically includes things like auth cookies or shopping cart cookies, so long as that data is not used for anything else.