Understanding Cookies: Types, Consent, and Legal Implications – NovoJuris Legal

NovoJuris Legal – Sharda Balaji, Sandeep G: Understanding the Intricacies of Cookies and Consent

In the digital age, cookies play a crucial role in enhancing user experience on websites. But what exactly are cookies, and why do websites need your consent to use them? NovoJuris Legal sheds light on this topic, with insights from Sharda Balaji, Partner, and Sandeep G, Associate.

Cookies are small text files stored by websites on your device when you visit them. They come in two main types – first party cookies set by the website itself, and third-party cookies embedded by external entities for various purposes. These cookies can be further classified into session cookies, persistent cookies, essential cookies, statistical cookies, flash cookies, and even zombie cookies.

In the European Union, organizations must comply with the ePrivacy Directive and the GDPR when it comes to using cookies. Consent is a key aspect, and it must be freely given, specific, informed, and unambiguous. Users should have the choice to accept or reject cookies, without facing any cookie walls that force them to accept cookies to access a website.

The UK and Canada also have regulations regarding cookies, with Canada’s CASL inferring consent from user conduct. In the US, cookies are considered personal information under the CCPA, requiring opt-in consent for certain uses.

In the Indian context, the DPDPA, which is yet to come into force, aligns with EU standards on cookie consent. Organizations should obtain consent for cookies containing identifiable information, ensuring transparency and user choice.

As the digital landscape evolves, understanding the nuances of cookies and consent is essential for both website operators and users. Stay informed and empowered in the digital realm.

About the authors: Sandeep G is an Associate at NovoJuris Legal, with inputs from Sharda Balaji, Partner.