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Just about any web-based application will have cookies, even if they are being used as part of session management. Then, if you’re in the business-to-consumer space, you’ll likely use tracking cookies to help understand your users.
Understanding what is required depends on which part of the world your application is being used in. For the European Union (EU) and the broader European Economic Area (EEA), this is easy as all the countries have ratified the GDPR and several related laws like the ePrivacy Directive.
For North America (USA and Canada), the issue is a bit more complex as it is a network of federal and state/province law. But the strictest state legislation, such as California, aligns closely with European demands, so as a rule of thumb, meet EU legislation, and you should be in pretty good shape in North America (from a non-lawyer’s perspective).
The problem is that the EEA accounts for 30 countries (see here), plus the USA and Canada, and we have 32 of the UN’s recognized 195 states (note there is a difference between UN membership and UN recognition). So, how do we understand what the rules are for the remaining 163 countries?
I’m fortunate to work for a large multinational company with a legal team that provides guidelines for us to follow. However, I obviously can’t share that information or use it personally. Not to mention, I was a little curious to see how hard it is to get a picture of the global landscape and its needs.
It turns out that getting a picture of things is a lot harder than I’d expected. I’d assumed that finding aggregated guidance would be easy (after all, there are great sites like DLA Piper’s and the UN Trade & Development that cover the more general data protection law). But, far from it. I can only attribute this to the fact that there is a strong business in managing cookie consents.
The resources that I did find, which looked comprehensive on the subject:
- Securiti’s Q2 2024 report
- Bird & Bird’s Global Cookie Review
- Termly has a good resource on this area.
- International Association of Privacy Professionals (IAPP) – has lots of interesting resources on Cookies, but doesn’t provide a consolidated global view.