Do you comply with the new Cookie Law?

The news has been flooded in recent days with information about the EU Cookie Law which came into effect on the 26 May.

Our January article highlighted details of the guidelines for Cookie Compliance from the Information Commissioner’s Office (ICO).

At the time it was required that your website(s) needed ‘explicit consent’ from visitors to your website, for the use of cookies, however today the ICO has moved to change this and now ‘implied consent’ is acceptable.

This means that websites can assume visitors have consented to their use of the cookies, provided they are ‘satisfied that your users understand that their actions will result in cookies being set’.

Read on for the updated guidance on implied consent.

Call us for Cookie advice

The ICO updated guidance provides additional information around the issue of implied consent:

  • 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.

If you would like to know which cookies (if any) are used on your website, we can carry out an audit for you. This would take around an hour to complete. We are also able to help you to ensure your visitors are aware that they will be consenting to cookies on your website. Please call me and we can formulate a plan!

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Vikky Littlewood
I have specialised in marketing in a business environment for 20 years and am a member of the Chartered Institute of Marketing (CIM). I work with companies to formulate their marketing strategy, helping them to achieve the best return on investment.