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

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

AEBN Publishes Popular Searches for September, October

AEBN has published the top search terms for the months of September and October from its straight and gay theaters in all 50 states and the District of Columbia.

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

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

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Show More