In application of the European directive called « telecom package », Internet users must be informed and give their consent prior to the insertion of tracers. They must have an option to choose not to be traced when they visit a site or use an application. Publishers therefore have the obligation to seek prior consent from users. This consent is valid for a maximum of 13 months. Some tracers are, however, exempt from the collection of this consent.
it means all tracers entered and read for example when consulting a website, reading an email, installing or using a software or a mobile application, regardless of the type of terminal used such as a computer, a smartphone, a digital reader and a video game console connected to the Internet. If they fill some conditions, some tracers derogate from this obligation.
As such, the term « cookie » covers for example:
By amending Article 5 (3) of Directive 2002/58 /EC by adopting Directive 2009/136 /EC, the European legislator laid down the principle:
Article 32-II of the Act of 6 January 1978, as amended by Ordinance No. 2011-1012 of 24 August 2011 which transposed Directive 2009/136 /EC, incorporates this principle.
In application of the law and freedoms, tracers (cookies or others) requiring a consent can not be deposited or read on his terminal, as long as the person has not given his consent.
Among the cookies requiring prior information and a request for consent, we may mention:
people may forget the consent to be followed they gave, the CNIL (French National Agency regulating Data Protection) considers that it is necessary to limit the scope of the latter in time.