Does the EU cookie law apply to an EU site that is hosted outside of the EU?

Posted by mickburkejnr on Pro Webmasters See other posts from Pro Webmasters or by mickburkejnr
Published on 2012-05-16T14:07:47Z Indexed on 2012/09/04 3:49 UTC
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I have been reading up about this EU cookie law, and have also had in depth conversations with my girlfriend who is a solicitor/lawyer and with colleagues while building websites. While we are now working towards implementing a way to abide by the EU law, I have thought of something which no one really knows the answer to and has caused a few arguments.

It's my understanding that any website in the EU must abide by these cookie laws, which is understandable. However, say if I were to have a .co.uk or .eu domain name pointing to a website which is hosted in America for example, do I still need to abide by the EU laws even though the website is hosted outside of the EU? One person I have asked has said that because the domain name is .co.uk or .eu (a European TLD) then the website is still accountable under EU law. Another person I have asked has said because the actual website is held outside of the EU, it doesn't actually have to bother with this law.

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