ePrivacy Directive (EU) / ePrivacy Regulation (Proposed)
The ePrivacy Directive (often referred to as the "Cookie Law") and the proposed ePrivacy Regulation (which aims to replace the Directive) deal heavily with electronic communications privacy. The key aspect with a direct SEO impact is the emphasis on strict cookie consent rules. This means users MUST actively consent to non-essential cookies before they are set. Improper cookie consent implementations have been known to invite legal challenges and can harm user experience, which impacts SEO.
Direct Marketing Rules:
The Directive and proposed Regulation also govern rules for unsolicited electronic communications (direct marketing). If you are engaging in email marketing, SMS marketing, or other forms of electronic direct marketing, you MUST have valid consent.
Metadata Concerns:
The rules relate to electronic communications metadata (location data, browsing history). Any collection or use of metadata must comply with stricter privacy standards. Future Impact (Regulation): The proposed Regulation is anticipated to go further than the current Directive. This may include stricter rules on device fingerprinting, tracking technologies, and consent. Its details are still being debated but will affect online business significantly. The proposed ePrivacy Regulation aims to harmonize digital privacy laws across the EU and strengthen user rights. This means businesses will need to be even more transparent about how they collect and use data.