Cookie compliance is not optional

Updated November 2011

The Information Commissioner has warned businesses that they need to start taking action to ensure compliance with the cookie consent rules before May next year, when the Information Commissioner's Office will start enforcing the rules in earnest.

As we have highlighted in previous updates, the new rules brought in under the amended Privacy and Electronic Communications Regulations, require cookie users to obtain consent from website visitors (see Related publications).

Although the new law came into force in May this year, the Information Commissioner has allowed a 12 month grace period during which strict enforcement action will not be taken to enable organisations to work out how to comply. However, the Information Commissioner warned at a recent conference that businesses are burying their heads in the sand and that more action needs to be taken to ensure websites are compliant by May next year.

The Information Commissioner also indicated that he will be publishing updated guidance on cookie consent issues shortly. The updated guidance will include examples of good practice and will also give guidance on where regulatory enforcement action is likely to be focused when the grace period elapses next year.

If you would like assistance with carrying out a cookie audit and working out how to comply with the consent requirements, please contact Alison Deighton, head of TLT's Data Protection and Privacy team.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at November 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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