Who will the ePrivacy Directive affect?
The revised EU ePrivacy Directive (now enshrined in UK law as the amended Privacy and Electronic Communications Regulations 2011) replaces the ‘notice and opt out’ requirements for cookie and other technologies for “the storing of information or the gaining of access to information stored in the terminal equipment of a subscriber or user” with a requirement to obtain informed consent. The new law affects every organisation – large or small – operating in a digital environment. There’s a narrow exemption for those uses deemed ‘strictly necessary’ to the service that an internet user explicitly requests (eg shopping baskets).
If an advertiser or publisher is based outside of Europe, will the new rules affect them in any way?
Potentially yes. The law specifically relates to the device of the user but it may also depend on how each country has transposed the Directive (ie via what legal instrument) into its national law.