Updated guidance on change to the EU cookie law

The EU cookie law will be a challenge but implied consent is an improvementThe ICO has release some helpful updates and clarifications on how to comply with the EU cookie law, the most important being that implied consent can be valid. It’s a very important clarification as it answers the impossible question for website owners of “what if my visitor does not say ‘yes’ or ‘no’ to my cookie consent form?”, that is “what if they ignore the ‘do you agree’ button”.

On 25th May, this article was posted with the updated guidance to clarify the following points around 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.

This video is also on the ICO site (and will set a cookie if you use it), It’s well worth viewing to dispel some myths about how compliance will be enforced)

There are also links to updated guidance and tools for the public.

If the legislation makes any impact I wonder if it will be implemented elsewhere (it will be implemented eventually across the rest of the EU)

Here’s to a cookie that doesn’t crumble!

Brian
your ‘Peoples Geek’