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New EU Laws governing cookies

March 14, 2011

Recently we were asked the question "What difference will the new European Law regarding cookies make to email campaigns ?". This was in relation to an article written on the BBC website New net rules set to make cookies crumble.

The new directive, is due to come into force on 25 May 2011, and is an amendment to the EU’s Privacy and Electronic Communications Directive. However, according to the The Register, the Department of Culture, Media and Sport (DCMS) has said that it is working on a browser-based solution to the problem and that because the UK government have not published the regulations yet it is unlikely to become law until the end of the year.

Anyway, the simple answer is it will make no difference to email campaigns. We don't use any type of cookie to track opens or clicks from an email so there is no problem.

Cookies are used to control the login session in ev-messenger and ev-reports but according to the directive this use of cookies is acceptable. If the cookies are  'essential to the operation of the site' and 'providing the functionality specifically requested by the user' e.g. a shopping basket or web application then the user does not need to give consent for their use.

It is still unclear how this might affect web analytics applications such as google analytics but I expect this will become clear soon and we will let you know.

Posted by Simon Hill
Topical email

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