EU Cookies Directive

In May of 2011, all countries

in the EU adopted the Cookies
Directive (1) as an amendment
to the e-Privacy Directive (2).

(1) Link to https://termsfeed.com/blog/eu-cookies-directive/

(2) Link to http://eur-lex.europa.eu/LexUriServ/LexUriS-

erv.do?uri=CELEX:32002L0058:en:HTML
The EU Cookies Directive
applies to all websites that
use cookies that are either:
Owned by an EU business, or

Directed towards EU citizens

If you fall under its scope,
you must inform visitors to
your website:
That cookies are in use,

How you use cookies,

Why you use cookies

You must also obtain consent
before you use cookies.
This can be accomplished
through:

A Privacy Policy (3) or a

Cookies Policy (4),

A pop-up or notification
banner, and

Obtaining active or passive

consent

(3) Link to https://termsfeed.com/privacy-policy/generator/

(4) Link to https://termsfeed.com/cookies-policy/generator/

A Privacy Policy or
a Cookies Policy
Many laws around the world require
a Privacy Policy (5) if you collect
personal information from users.

Cookies work by collecting personal

information, so if you use cookies,
you need to have a Privacy Policy.

(5) Link to https://termsfeed.com/blog/privacy-policy-mandato-

ry-law/
You can also choose to have a
separate Cookies Policy that
focuses solely on your use of
Cookies.
In one of these policies is
where you’ll let users know
more about your cookies
usage, including:

That cookies are in use,

How you use cookies, and

Why you use cookies

Pop-Up Notification
or Banner
To give notice to your users about
your cookie usage as soon as
they land on your website, you
should include a pop-up or
banner notification that:

Lets users know you use cookies,

Has a link to your Privacy/Cookies

Policy, and

Obtains consent from users for

your cookie usage
Passive Consent
While it’s recommended to make
users actively click something to
show consent, some businesses
take a more passive approach.

This includes using a banner or

notification that lets users know
that by continuing to use the
website, you agree to the use
of cookies.
If you take the passive consent
approach you need to make sure
your notice:
Is clearly visible and unmissable
to a first time visitor

Makes it clear to users that by

continuing to browse your website,
consent to place cookies will be
implied

Remains visible until the user does

continue to browse
 Exceptions to the
Consent Requirement
You can use the following types
of cookies without obtaining
consent first:
1 Cookies used solely to transmit
a communication

2 Cookies that are absolutely

necessary in order to provide
the service the user requests

Examples of these cookies include user

input cookies, multimedia content player
cookies and authentication cookies.
To comply with the
EU Cookies Directive:

Have an informative Privacy

Policy or Cookies Policy,

Give notice through a banner

or pop-up notification,

Obtain consent before using

cookies
These requirements are the
minimum that all EU member
countries must follow.

Some countries have additional

requirements, so make sure to
check the rules and regulations
for each EU country you do
business in to make sure you’re
staying compliant.