In October 2009 the European Union adopted a directive which updated their existing law on electronic privacy. The directive compels EU member nations to update their own laws to on electronic privacy. Specifically it targets the use of tracking cookies by websites. The following is a quote from the EU Directive.
“Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia about the purposes of the processing. This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service.”
When to Comply with the Cookie Law
Just about every website today is setting cookies. If your website is not directly setting cookies, than a 3rd party used by your website, like Google or Facebook is setting cookies. However, the European Cookie Laws really only apply to websites hosted in a European company, or if the website is owned by a European company. If your website specifically targets users in Europe it could apply as well. But let’s say you have a website for your business in Dallas Texas, and it’s hosted on a server Chicago. The European Cookie Law really does not apply to you, and you probably don’t need to adjust your website. If your website appeals to a broad number of international users, you may want to be safe and update your website.
If you want to test your website, there’s several online tools available. I like the Cookie Law test at Sitebeam.net. The test is very complete and they provide a very detailed break down of the findings.
How to Comply with the EU Cookie Law
If you would prefer to just use a plugin to handle this functionality, there several very good free plugins that provide Cookie Consent. DFactory’s Cookie Consent plugin is widely used and works very well.
- A description of what cookies are and how they are used.
- The types of cookies you use. For example, “We use Google Analytics to track how our website is used. We also use Google Adsense to place advertising on our web pages. Google uses to cookies to provided targeted advertisements to you.“
- A brief description of how the user can control cookies in their browser.
Hopefully this gives you a good overview of the European Cookie Laws, and some tools you can you use to keep your website compliant.