Opinion 04/2012 on Cookie Consent Exemption
‘However, the Working Party considers that first party analytics cookies are not likely to
create a privacy risk when they are strictly limited to first party aggregated statistical purposes
and when they are used by websites that already provide clear information about these
expected to include a user friendly mechanism to opt-out from any data collection and
comprehensive anonymization mechanisms that are applied to other collected identifiable
information such as IP addresses.
In this regard, should article 5.3 of the Directive 2002/58/EC be re-visited in the future, the
European legislator might appropriately add a third exemption criterion to consent for cookies
that are strictly limited to first party anonymized and aggregated statistical purposes.
First party analytics should be clearly distinguished from third party analytics, which use a
common third party cookie to collect navigation information related to users across distinct
websites, and which pose a substantially greater risk to privacy.’