As a European (Dutch) and a web builder:
Unless you do some sort of tracking, most cookies are exempt from that law. From the "EU Internet Handbook":
Cookies clearly exempt from consent according to the EU advisory body on data protection include:
user‑input cookies (session-id) such as first‑party cookies to keep track of the user's input when filling online forms, shopping carts, etc., ...
The UK Information commisioner says in their guidance document on cookies:
"An organisation based in the UK is likely to be subject to the
requirements of the Regulations even if their website is technically
So it depends on where you are based, not where you are hosted.
I've been looking at this too, and I believe they fall under the category of pseudonymous data (most information taken from this helpful page):
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, ...
First of all, I'm not a lawyer but after reading the new law and analyzing Analytics, that's how I've been working since GDPR. The problem is that you can't track any user information without their consent, so, I started turning down all tracking functions.
This is my roadmap:
Avoid cookies using the function: storage: none
Anonymize the IP with ...
The first fines specifically for cookie law compliance failures have been handed out by the Spanish Data Protection Authority. They were given to two companies running a number of jewellery websites, one of which was an online store.
Your find a lot of information by searching on Google, with any website if the website is accessible by a country or regional zone then you most comply with their rules and laws, if you don't agree then you should make attempts to notify users or block those users from your website.
Hosting a website in X, a domain in X doesn't mean it can't break laws in ...
No one will actually be able to answer this until there is a test case in front of a court, then there is a separate question of how enforcement will work.
I would suspect that the likely outcome of any case will be that any website
hosted on a European domain name or server will be covered by the law, and this will be
enforced by the registries.
Equally I ...
It is required by EU law that all websites operating in or targetting audiences in the EU must have a cookie notice. When they first introduced the policy, it was a strict consent, since then it has changed to notice only. So simply displaying a notice message to users complys with this non-sense law.
I think the answer is no. This page says
Not all cookies are used in a way that could identify users, but the majority are and will be subject to the GDPR.
That sounds like if there is no personal identifying information involved, such as just a high score, then GDPR doesn't apply.
The cookie notice/consent is apart of the Directive 2002/58/EC while The EU General Data Protection Regulation (GDPR) replaces the
95/46/EC Data Protection Directive.
They are not the same but work in a relationship. You will need to ensure your site complies with DIRECTIVE 2002/58/EC and REGULATION (EU) 2016/679 , most often complying with one may comply ...
How do these rules apply to intranets?
In our view the rules do not apply in the same way to intranets. The Regulations
require that consent is obtained from the user ...
Here is my take on this:
Firstly, ask the "legal team" to explain to you what a cookie is, and how that law protects users. Remind the "legal team" that the out-of-touch "politicians" who made that "law" didn't actually understand what a cookie is either, what a cookie shares around, and therefore didn't understand how futile their "law" would be at ...
You need to look at:
Your home country laws on privacy, i.e. India
The country where you host/collect/process data through, i.e. USA
The countries where your customers are, i.e. USA, Canada, EU
You can look at India IT Act of 2000 act for how to comply, i.e. monitor user-generated content, follow best practices on privacy and user data etc.
USA has two ...
As with most things in law, if sued, the burden of proof is on both parties to state their case.
In the event that your website/company was ever brought to court over GDPR, you would have to assume that evidence has been gathered against you that shows your visitors were not giving consent. Thus, you want to be able to prove that they did.
If the ...
The GDPR is about tracking people and cookies. If you do either, then you're definitely not off the hook. The fact that you reduce the duration of the cookie may help in some ways, but it doesn't change the fact that you have to have the "We're using cookies" warning for your European users.
Of course, by using session cookies, Google Analytics won't be ...
The first and biggiest problem coming to my mind in that case is not the impact it would have on SEO but mostly UX. This is often a problem to the user experience and I wouldn't recommend it at all since it's kind of pushing users into accepting cookies. My bet is on a huge bounce rate increase.
When it comes to SEO, that could hurt too. In 2017 Google ...
Nowhere in the GDPR it says you are not allowed to store user identification information.
What the GDPR states is that if you collect or process personal data (i.e. any data that can be linked to a certain individual) you need to be transparant to the data subject about why you use his/her personal data, and what you are doing with it – especially if you ...
It's pretty hard to answer your question, since you are missing some much needed information.
It depends on how you collect the information as well, and since I am not a lawyer, I cannot and will not hand out legal advice.
From my understanding you have several options on how to collect your forms information:
You integrate a pre-made external form as an ...
Some types of cookies including user input cookies which are valid for the duration of the session are exempt from the cookie consent law. What this means is that you may use a cookie to identify if cookies have been consented to or not for the duration of the session for the user.
Source: European Commission's Information Providers Guide
The reason why the term "slightly longer" is used is that different websites have needs to have the cookies last different durations past the end of the session. The basic interpretation of this wording is that the cookie should not last too long after the end of the session as sessions tend to die due to a user exiting a site without clicking on a logout ...
But, then again, you don't need to do that for Indian domains.
If you are in Europe then you need to ask users before using cookies. The law is the European Cookie Directive.
Outside of Europe, there is no need for any cookie warning or opt in.
EU Cookie law was finally recognised as mostly unimplementable nonsense and backtracked a bit and so the info in your linked question is largely out of date. EU directives are not law themselves but instantiated by laws in the member states so your actual requirement depends on the specific country you do business/host in.
Generally you don't actually need ...
Assuming you're talking about the UK implementation of the cookie law, there's a fairly good guide from the International Chamber of Commerce (PDF) on this, which covers most cookie types and what you should be doing as a site owner.
In the first instance, you should really perform a "cookie audit" so that you understand what cookies are being set by your ...
In 2015, Belgium applied the law to Facebook. This means that as a country they were unhappy with a cookie which was tracking non-users of the site.
It's an example of a highly intrusive cookie that the country felt shouldn't be applied to non-users.
The Belgian Privacy Commissioner had used the EU law to file the complaint with a fine of 250,000 Euros ...
Who is affected by the EU cookie law? Answer: any website serving to visitors from the EU.
We're outside of the EU, are we affected?
The law is designed to protect the privacy of individuals within the
EU. In theory, this means that any website that serves EU citizens,
has to comply with respect to those citizens, regardless of who ...
I will say it depends on where the business responsible for the site is based on. A few month ago I run into troubles with a well known Third party advertisement service (not Google) and for you to have an idea the Data Protection Commissioner (Information Commissioner's Office) could not reach them or even demand them to hand over certain information simply ...