Following the recent fines levied for cookie law violations in Spain and The Netherlands, all companies are being advised to ensure that the use of cookies on their websites comply with stringent EU regulations. The current “cookie sweep” was, we understand, initiated by the French authorities but is not restricted to sites serving consumers in France. Data Protection Authorities across the EU are now conducting what are purportedly random investigations of websites to verify their compliance with EU data protection laws.
The investigations will focus on the types of cookies being placed, their duration, and their purpose – functional or for tracking/targeting. Whether operators are fully aware of and understand what cookies are on their websites, whether placed by their own employees or third parties, and what their purpose is. Crucially too, the spotlight falls on whether site owners have obtained the consent of site visitors for the cookies in use and have offered the option of refusal to accept cookies, as well as the option of withdrawing any consent given.
Law firms are warning that there will be considerable EU audits taking place over coming months with focus on how data from websites is collected, stored, shared and used.
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