New Law Requires All European Advertisers to Get Consent for Cookies

BRUSSELS, Belgium — A new law passed by the European Union requires all online advertisers to get consent from users before installing cookies on their computers.

The law was handed down by the Council of the EU, which is the more powerful of the EU's two legislative bodies and roughly equivalent to the United States Senate. The EU's lower legislative body is called the European Parliament.

Cookies are small packets of data that websites install on users computers to keep track of certain types of data. For example, a website might ask users to choose a certain layout when they first visit the site. After users make the choice, the website would install a cookie on their computers so that they don't have to make it again.

This process typically happens instantly and invisibly, but now all European-based websites will only be able to install cookies after the user "has given his or her consent, having been provided with clear and comprehensive information."

The only exception to this rule kicks in when a user's actions inescapably require the installation of a cookie. For example, online stores use cookies to keep track of users' shopping carts. Those sites will not be required to get consent from visitors before installing cookies.

All 27 EU member states will be forced to apply this new law by April 26, 2011 — a task that online guru Brandon "Fight the Patent" said is most likely impossible.

"Some banners use Javascript, where they could have some cookie tagging, but most browsers block third party cookies," he told XBIZ. "And even so, a popup box to ask for permission to save cookies means nothing, since the browsers work differently."

Brandon added that most adult banners don't use cookies the same way mainstream banners do, and so won't be hit as hard by this new law. But at the same time, affiliate marketers working in Europe may encounter some difficulty because of the large role cookies play in tracking affiliate activity.

"There are greater ramifications then the 'good intentions' of this EU bill," he said.

The law came about in response to bad behavior by a pair of European companies, the advertising and content network Phorm.com, and British Telecom. The two companies collaborated on an ad-targeting test that delved deep into users' private data to get results. The resulting outrage from citizens and privacy advocates sparked the passage of this new law.

But is the law too harsh? Some prominent tech pundits think so. Tech lawyer Struan Robertson edits the blog Out-Law.com, and he called the new law "breathtakingly stupid."

"There has been almost no fuss about this little law, despite the harm it could do to advertising, the lifeblood of online publishing," he said. "It also threatens to irritate all web users by appearing at every new destination like an over-zealous security guard."

Burst Media CEO Jarvis Coffin also criticized the law, arguing that it could force advertisers to ignore European markets.

"Any government's instinct to protect its people is understandable and desirable, including on the matter of Internet privacy, but the EU should carefully consider the extent to which such uncompromising privacy legislation will deprive its constituents of a voice in the New Information era by depriving its enablers, the web publishers, the commercial means to make it heard," he said.

In addition, restricting the installation of cookies would have a direct and immediate effect on how search engines work. Sites like Google and Bing use cookies to track consumers' behavior and deliver relevant results accordingly. Some search engines, including Google, have also experimented with social-networking tools like voting, which would also be affected by this new law.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

New Membership Site 'Sluts Corner' Launches

R18 Entertainment has launched a new membership site, SlutsCorner.com.

Show More