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Client Area Cookies and the EU Cookie Law


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I've noticed some threads about cookies and I was wondering myself about WHMCS cookies and the EU Cookie Law. I did a little digging and the cookie that WHMCS generates appears to be exempt from the law because it is necessary for the operation of the website.

Or, in other words, under the law, the user's action of creating an account implies consent that a cookie is used to manage user sessions so the user can actually log in, therefore you don't have to ask for consent.

http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm

So, unless you are adding additional cookies, you don't need to ask for consent to use cookies. You don't have to ask for consent for a user login session cookie.

Edited by WisTex
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Reminding people that widely used services like Analytics require you to put the cookie bar doesn't hurt anyone especially because of this:

  • Forgot to inform your visitors about cookies? 36.000 ā‚¬ penalty
  • Have you installed cookies without consent? 120.000 ā‚¬ penalty

It's not that cheap.

Ā 

Ā 

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12 hours ago, Kian said:

Google Analytics, Getclicky, maybe even Chatstack...

Game over.

Yes, you have to legally disclose those types of cookies, as indicated in the link to the EU government website.

But the WHMCS session cookie legally does not have to be declared. The EU government even states as such.

While it is true that it is better to err on the safe side to avoid fines (if you are subject to EU jurisdiction), on the other hand, if everyone has a cookie notice, then the cookie notice becomes meaningless because consumers cannot tell the difference between a website that is using exempt cookies and a website using marketing or tracking cookies.

As a website operator, you should know what cookies are being generated and provide the appropriate notice. Not doing so means that you don't understand the security and data collection of your own website.

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