Update on the Website Cookie Law

Published: 6th Jun 2012 in News

Following on from our article a couple of months ago about the new EU cookie law affecting UK websites, the Information Commissioner's Office has now revised and updated some of their information to clarify the rules.

Full details can be found on the ICO blog. However one of the main points worth noting is the clarification around implied versus explicit consent to download a cookie to a users's device. The ICO now states the following:

  • Implied consent is a valid form of consent and can be used in the context of compliance with the revised rules on cookies.
  • If you are relying on implied consent you need to be satisfied that your users understand that their actions will result in cookies being set. Without this understanding you do not have their informed consent.
  • You should not rely on the fact that users might have read a privacy policy that is perhaps hard to find or difficult to understand.
  • In some circumstances, for example where you are collecting sensitive personal data such as health information, you might feel that explicit consent is more appropriate.*

They stress the importance of informing your website visitors about the types of cookies your website uses and what sort of data it will be collecting from them.

For our web design clients we can conduct an audit of your site to identify the cookies being used and discuss with you the necessary changes needed to comply with the law. To request an audit please do contact us.

* Quoted from the Information Commissioner Office website

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