A recent focus towards the law on cookies in Europe by the courts regulators has highlighted the different approaches to the interplay between the GDPR and ePrivacy, and indeed the interpretation of the ePrivacy Directive more generally.
Two major recent cases (Fashion ID (c-40-17) and Planet49 (c-673/17)) highlight the importance of cookies compliance in Europe, and the complex intricacies which organisations must now consider. In addition, an increase in the number of enforcement actions and fines in Europe signify a move towards stricter regulation of ePrivacy.
How can our European Cookie Guide help your organisation?
Our European Law on Cookies consolidates the regulatory guidance from across Europe and contains the main areas of focus for each jurisdiction, including key enforcement trends which multinational organisations should be aware of.
The Guide covers 28 European jurisdictions – most of which have implemented the ePrivacy Directive, but with different results. Of the 28 jurisdictions covered:
- Six jurisdictions have recently enforced non-compliant use of cookies with fines.
- Eight jurisdictions accept that a user can provide consent via browser settings
- Only a single jurisdiction (currently) accepts the user of cookie walls
- Five jurisdictions find an implicit consent to be valid
The guide also summarises practical requirements which organisations should consider when analysing their overall cookies compliance, including in relation to banners, polices and consent collection.