Are cookies used for affiliate marketing settlement exempt from the requirement to obtain consent?

ANSWER

No. Tracking mechanisms used for settlement and attribution purposes in affiliate marketing are not covered by the exemption provided under Article 173(3) of the Telecommunications Law.

These tracking mechanisms are neither used exclusively for the transmission of information over electronic communications networks, nor are they strictly necessary for providing a service requested by the subscriber or end user.

Therefore, the use of such cookies requires obtaining the user's consent before they are stored or accessed on the user's device.