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It is not that simple. In "Opinion 04/2012 on Cookie Consent Exemption" [1] the the EU Parliament's Working Party On The Protection Of Individuals With Regard T
by tzs 3y ago
It is not that simple. In "Opinion 04/2012 on Cookie Consent Exemption" [1] the the EU Parliament's Working Party On The Protection Of Individuals With Regard To The Processing Of Personal Data said:
> A cookie that is exempted from consent should have a lifespan that is in direct relation to the purpose it is used for, and must be set to expire once it is not needed, taking into account the reasonable expectations of the average user or subscriber. This suggests that cookies that match CRITERION A and B will likely be cookies that are set to expire when the browser session ends or even earlier. However, this is not always the case. For example, in the shopping basket scenario presented in the following section, a merchant could set the cookie either to persist past the end of the browser session or for a couple of hours in the future to take into account the fact that the user may accidentally close his browser and could have a reasonable expectation to recover the contents of his shopping basket when he returns to the merchant’s website in the following minutes. In other cases, the user may explicitly ask the service to remember some information from one session to another, which requires the use of persistent cookies to fulfil that purpose.
(Criterion A is cookies that are user “for the sole purpose of carrying out the transmission of a communication over an electronic communications network” and criterion B is cookies that are “strictly necessary in order for the provider of an information
society service explicitly requested by the subscriber or user to provide the service”).
If your shopping cart cookie has a lifetime longer than the "reasonable expectations of the average user or subscriber" you may need to obtain consent. That a sufficiently vague criteria that it may not be clear if your particular shopping cart cookie requires consent or not.
[1] https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2012/wp194_en.pdf https://ec.europa.eu/justice/article-29/documentation/opinio...