Cookie Law – Are You Compliant?

Posted: 2nd June 2011

CookieNew laws affecting the operators of websites came into effect on 26 May.

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 are now in effect.
These require a website operator to obtain the ‘informed consent’ of users of websites which make use of cookies. Previously, the requirement was to offer an ‘opt-out’.
Users must also be given clear and comprehensive information on the use of cookies. The requirements also apply to any means of storing information or gaining access to information stored on a user’s equipment.
There is no obligation to obtain the informed consent of the user where the use of a cookie is strictly necessary for a service requested by the user. A year's grace is said to apply with regard to strict compliance, but website owners should prioritise ensuring they comply with the new regulations.
See guidance from the Information Commissioner's Office.