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

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More