Is there a difference in using cookies or localStorage in terms of legal rights?


In Germany we have the law, that if you use cookies on your Website you need to inform the user and ask for his permission. I guess there are similar laws in other countries.
For me a localStorage is, from the functional part, absolutely the same as a cookie.
So is the localStorage also covert by this law or can I use localStorage without telling the user? This would sound very weird to me.

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The EU requirement is not specific to cookies, it just gets referenced by that term because it’s convenient. It applies to any technology you might use to store data on a user’s computer. It also has some exceptions which might be relevant in certain cases. This is a useful read:


Storing the data in the user’s computer is not the problem. That article says:

They use that information to feed you targeted ads

It is the use of the information by the website (in the server and beyond) that the user needs to be informed of and consent to. The article does say it:

includes tools such as Flash and HTML5 Local Storage

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Not quite though… cookies will by default get sent to the server with every request, data stored in the local storage would have to be sent explicitly using AJAX. But yeah in terms of legal rights that wouldn’t make much difference I suppose.

In that Case it wouldn’t be needed to inform the user if the cookies are only used for functional part like Session id etc. but this isn’t the case, because user have to accept them too.

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