Cookies and other tracking technologies are regulated under the 2002 EU e-Privacy Directive (ePD), which complements the General Data Protection Regulation (GDPR) that came into force in May 2018. However, since the ePD does not provide a definition of consent, the definition in the GDPR applies.
Our latest Digital Economy benchmark looks at whether ten EU member states have updated their rules on cookies or whether national authorities have altered their guidance, following the entry into force of the GDPR.
Our research finds that authorities in most of the surveyed countries have updated their guidance on cookies but in divergent ways, including in regard to issues such as cookie walls and the need to obtain consent for analytics.
Of our surveyed countries, only France and the Netherlands have updated the rules on cookies in their national law, following the entry into force of the GDPR.
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