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The provisions in the ePrivacy Directive have now been amended as part of the wider reform of telecoms laws in the EU. Cookies will only be allowed if the user has “given his or her consent, having been provided with clear and comprehensive information” or the cookie is “strictly necessary” for the provision of services “explicitly requested” by the user.

The exception for cookies that are strictly necessary for provision of a service will allow continued use of a number of existing cookies, including most session cookies. Therefore, suggestions these amendments will cause the internet to grind to a halt may be a little alarmist.

Many cookies will fall outside this exemption though and will now need consent, which is a major change. However, the consent requirement needs to be read in light of the recitals which state that where “it is technically possible and effective, in accordance with the relevant provisions of Directive 95/46/EC, the user's consent to processing may be expressed by using the appropriate settings of a browser or other application”.

These changes need to be transposed into national legislation in the next 18 months.

EU - Calm down dear, it’s only a cookie!