> First problem being cookies have been obsolete for a few years now. With the recent developments in new storage mechanisms like Local Storage, cookies are no

> First problem being cookies have been obsolete for a few years now. With the recent developments in new storage mechanisms like Local Storage, cookies are no longer needed anymore. Local storage has even implemented in every modern browser (and IE8+). What does this mean? Well it’s simple… If you don’t update your browser, some of your favorite sites aren’t going to work. Okay, one more time: neither EU Directive 2009/136/EC [1] nor the local laws that implement that directive are specific to cookies. They are worded such that they apply to all mechanisms that involve storage on the client. Take, for example, the UK Privacy and Electronic Communications Regulations. Regulation 6 of the Privacy and Electronic Communications Regulations 2003 (PECR) [2], after applying the 2011 amendment [3] that includes the changes necessitated by Directive 2009/136/EC, reads: (1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met. (2) The requirements are that the subscriber or user of that terminal equipment- (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent. (3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use. (3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent. (4) Paragraph (1) shall not apply to the technical storage of, or access to, information— (a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user. No mention of cookies, and "information stored, in the terminal equipment of a subscriber or user" would seem to apply to solutions that use HTML5 local storage, ETag headers, Flash LocalSharedObjects or any other similar technologies. [1]: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:0011:01:en:HTML http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2... [2]: http://www.legislation.gov.uk/uksi/2003/2426/contents/made http://www.legislation.gov.uk/uksi/2003/2426/contents/made [3]: http://www.legislation.gov.uk/uksi/2011/1208/contents/made http://www.legislation.gov.uk/uksi/2011/1208/contents/made