Cookies & tracking: what does the law say?Application of the European directive known as "telecom package", users must be informed and give their consent prior to the insertion of tracers. They must have an opportunity to choose not to be traced when they visit a site or use an application. Publishers therefore have the obligation to seek prior consent of users. This consent is valid up to 13 months. Some plotters are however exempted from the collection of this consent. Covered by the term "cookies" or "tracers"?Are concerned the plotters introduced and read for example when viewing from a Web site, an e-mail reading, installation or use of software or mobile application, regardless of the type of terminal used such as a computer, a Smartphone, a digital reader, and a video games console connected to the Internet. If they meet certain conditions, some plotters are exception to this obligation As such, the term "cookie" covers for example :
These obligations apply cookies to collect personal data or not. What does the law say?By amending article 5 (3) of directive 2002/58/EC by the adoption of directive 2009/136/EC, the European legislator has established the principle :
Article 32-II of the law of January 6, 1978, modified by the order n ° 2011-1012 August 24, 2011 which has transposed the directive 2009/136/EC takes this principle.
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