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Cookies which are required in order to fulfill the requests of the website visitor do not require explicit user consent. But any others – including those used for general use statistics – do require it.
Is Cookie consent required?
The Cookie Law requires users’ informed consent before storing or accessing information on user’s devices. This means that if you use cookies you must: obtain informed consent prior to the storing of those cookies on the user’s device.
In short, it means companies need to get your explicit consent to collect your data. If a cookie can identify you via your device (which most cookies do), then companies need your consent. That’s why you see lots of websites asking for your permission before dumping a cookie on your computer.
Are cookies legal in the US?
Essentially, the US does not require consent for cookies. But there is a federal law that places strict restrictions on the use of cookies – the Children’s Online Privacy Protection Act (COPPA). This law regulates the activity of websites and online services aimed at children under 13 years old.
European law says opt-out should be possible, but most websites just tell the user they use cookies and keep it to that. This applies to EVERY website targeting europeans, no matter where you host or where the company originates.
Is there such a thing as Cookie Law?
FYI, it’s called cookie law, but this doesn’t only apply to cookies. Session.storage and similar functionalities fall under the same rules. Everything that tracks users for the purpose of tracking users. Unless you do some sort of tracking, most cookies are exempt from that law. From the “EU Internet Handbook”:
Yes, this is still required (if you have tracking/3rd party cookies). But now the cookie storm is over, and the dust has settled, most sites only show a small banner “we use cookies” and stick to that. Unless you’re in the big league, there’s not much to worry about, with just that notification you’re already doing better than most sites.
Why are Ga cookies allowed on the Internet?
The reason GA is allowed, is because they don’t track you from site to site, only if you come back. This is considered acceptable because it is basic information which is useful for a webmaster and not privacy invasive for visitors. These cookies are available for the visited domain only and therefor seen as first party.