Originally Posted by cordoba

You're probably right.

And surely the intent of this law is to deal with behavioural tracking, which has nothing to do with a simple affiliate referrer cookie. I doubt if the police will be busting down doors over affiliate tracking cookies.

It will probably hit mainstream marketing in the EU though. Most mainstream networks will have to comply with this and come up with a different way of tracking sales. Paidonresults.com already use something called 'flash cookieless tracking', in addition to standard cookies.

Regarding the points about sponsors skimming affiliates, maybe I'm naieve but surely if one company is skimming its affiliates, those affiliates will simply switch to another company that isn't skimming? Surely basic economics keeps a lid on skimming rates? Or do all the sponsors have a 'gentleman's agreement' not to undercut each other's skimming percentage??