De Brauw and other law firms across Europe have contributed to an updated survey by Bristows that outlines how the European cookie laws have been implemented in each member state.

The survey shows that 25 countries have implemented the Cookie Directive, as amended in 2009. But the implementation by Germany is incomplete. And two countries (the Czech Republic and Estonia) have no concrete plans to implement the 2009 amendment because they believe that their existing laws sufficiently cover the amended provisions of the directive.

The survey maps how each member state has implemented the Cookie Directive in its national laws. Because of differences in implementation, cookie rules vary throughout the EU.

In the light of increasing enforcement action by regulatory authorities, companies whose websites target users across Europe can use this survey to review and, where necessary, modify their cookie policies to comply with applicable national laws.

The Netherlands recently amended the Telecommunications Act, exempting analytic cookies that have a low impact on privacy from information and consent requirements. The Dutch regulator ACM has also published its guidance on the new cookie rules. These and other relevant changes are reflected in the updated survey.

The survey was coordinated by Bristows LLP and can be downloaded here:

European Cookie Law Implementation Survey (June 2015)