EU Refers Five Countries for Failure to Implement Cookie Directive

Belgium, the Netherlands, Poland, Portugal, and Solvenia have been referred to the European Court of Justice for failing to enact national legislation to implement the update to the EU e-Privacy Directive. These updates have commonly been referred to as the "cookie directive," and require that website hosts obtain user consent before using non-necessary cookies. Individual EU Member States had until May 25, 2011 to enact national legislation. The EU Commission, which referred the action, has requested daily fines for non-compliance, which would total between approximately $16,000 (Solvenia) and $138,000 (Poland) a day. The Netherlands has reportedly indicated that it will soon comply.

TIP: These action shows that the EU is getting more aggressive about cookie directive compliance. Companies that use non-necessary cookies on their websites and are subject to EU jurisdiction should ensure that they have a plan to address the consent requirements.