EU cookie law: "Asking" permissions in TOS

Can I ju开发者_JS百科st put something like "You give MYAPP permissions to save cookies to your computer" into my TOS, to comply with the EU cookies law? And then when user first comes to my app, i will ask the user to accept my TOS.

Take a look at this insightful article from a known Web Analytics Specialist.

http://www.advanced-web-metrics.com/blog/2011/05/20/google-analytics-and-the-new-eu-privacy-law/

It's still not clear how this law is going to be enforced, and of course a lawyer would be the better person to help you here. But If you can't get a lawyer on your site to help you out with this matter and you want to stay on the safe zone, maybe the best option is to copy the way ICO works around this.

http://www.ico.gov.uk/

They just set a ASP session cookie and the analytics code is only present on the page if you strictly allow it. The ICO website shows a banner at the top with information and privacy link,s along with the form to turn on the tracking.