By modifying the article 5 ( 3 ) of the directive 2002 / 58 / CE by the adoption of the directive 2009 / 136 / CE, the European legislator put the principle:

· of a preliminary consent of the user before the storage of information on the equipment of a user or the access to already stored information.

· except, if these actions(shares) are strictly necessary for the delivery(relief) of a service(department) of the information society expressly asked by the subscriber or the user.

The article 32-II of the law of January 6th, 1978, modified by the prescription n°2011-1012 of August 24th, 2011 which transposed the directive 2009 / 136 / CE resumes(takes back) this principle.

In IT law enforcement and liberties, the tracers (cookies or others) requiring a collection of the consent cannot be thus deposited or read.