The Cookie Law

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Last Updated
Jan 19, 2020

What is the “The Cookie Law”?

In May 2011, a European Union (EU) Directive was adopted by all EU member countries to protect consumer privacy online. This piece of privacy legislation requires that covered websites:
  • Let users know if they are using cookies
  • Explain what data is gathered through the use of cookies and how that data is used, and
  • Gather user consent to the use of cookies
The law applies to any person or organization that is physically located in the EU and has a website. It also applies to any website that targets consumers in the EU.
The legislation applies whether a user is on a computer, smartphone, tablet, or any other device. (source)

Does my site use cookies?

Yes. All WordPress sites use cookies for user authentication, commenting (if applicable), and some plugins use cookies to provide extra functionality.
Examples of some types of cookies used on your site:
  • Google Analytics tracking
  • World Pantry cart Information
  • World Pantry logged-in status tracking
  • Hubspot tracking
  • WordPress preferred user language tracking

How does my business comply with The Cookie Law?

To comply with the law you need to do three things:
  1. Let users know that you’re using cookies
  1. Provide a link where they can learn more about how you use the data you gather
  1. Provide a way for users to consent to the use of cookies

What does it mean for my website?

Cookie Notice Banner
To satisfy the above requirements, iamota will implement a small banner that will appear on top of all EU-centric pages.
The banner will contain:
  • A “cookie notice” that ends with a statement like: “By continuing to use this site you agree to the use of cookies.”
  • A link to your privacy policy (or Cookies Policy)
  • A button to expressly consent to the use of cookies, and to hide the banner for any subsequent page views.
The intent of the “cookie notice” statement is to provide a clear notice to the user that a specific action will be understood as “implied consent” for use of the site (until the express consent button is clicked).
Privacy Policy and/or Cookies Policy Page(s)
The Cookie Notice Banner will link to a page expanding on your usage of cookies. You may have a separate page dedicated to outlining your cookie policy, or you may just add a section to your general Privacy Policy page.
Typically US-based businesses will implement the latter, opting to add a cookie section to their Privacy Policy page.

What do I need to do?

The above “cookie notice” copy will be written by iamota for proof only and should be reviewed by the client and the client legal team before the site is launched. Iamota is not an expert in matters of EU law, and urges clients to seek professional legal advice with regards to The Cookie Law.
The Privacy Policy and/or Cookie Policy page content must be provided by the client; no drop-in content will be provided by iamota for these pages.

Where can I learn more about The Cookie Law?

Here are a few resources available online for further reading about The Cookie Law:
Disclaimer
Please remember, this article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.