Evaluation of cookies under the personal data protection law

Cookies are small text files, specifically designed to enhance the online experience of users on visited websites, and are stored on users' devices by these respective websites. Owing to their capabilities such as monitoring users' online activities and analyzing behavioral patterns, cookies have given rise to substantial concerns in the realm of personal data protection. The safeguarding of personal data is paramount, as it ensures the privacy of individuals, thereby underpinning their fundamental rights and freedoms. Although cookies serve to augment the user experience, they also challenge the principles of personal data protection law, especially when they facilitate the tracking of individuals across the web. In this research, we scrutinize cookies in accordance with the regulatory frameworks established by the European Union and Turkish law, all within the purview of personal data protection statutes. In this vein, the trajectory of cookies, from their inception to the contemporary era, is elaborated upon, both from technical and legal perspectives. This study delves into the legitimate processing of personal data via cookies, the ramifications of illicit data processing through cookies, and the associated liability stipulations as laid out in the Turkish Code of Obligations and the Personal Data Protection Law. In the last section, pertinent judicial and administrative rulings regarding cookies, both within Turkey and the European Union, are appraised.