• 0 Posts
  • 2 Comments
Joined 1 year ago
cake
Cake day: June 2nd, 2023

help-circle
  • True but the GDPR is not the primary legislative instrument here since it deals with general rules for processing personal data. The ePrivacy directive (or PECR in UK) is more important when it comes to cookies since it deals with electronic communication.

    The ePrivacy directive states that cookies and similar tracking technologies can only be dropped on a user device after obtaining consent, i.e. no other ‘GDPR’ legal bases such as legitimate interest are available. There is an exception for cookies that are essential or strictly necessary for the website to work. In such cases no consent needs to be obtained. This exception is narrowly interpreted by most EU supervisory authorities.

    This may be subject to change though since the ePrivacy directive is in the process of being replaced by the ePrivacy regulation which is said to outline new rules for cookies.