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Is Your Cookie Policy OK?

by Adam Brogden
in Blog

11-Jul-2019 11:05

The ICO has issued new guidance on the user of cookies. If you run a website it is pretty certain that you will use cookies and compliance with the new guidelines is essential. In summary:

  1. You can’t rely on implied consent – you must be explicit in your warning and give the user the option to reject the use of cookies on your site. Simply stating that by continuing to us the site means that they consent is not acceptable. You need to ensure the user gives you explicit consent by some form of affirmative action.

  2. Be explicit – make sure you are clear about how cookies are used and what/how data is stored by you. Be clear about how the data is stored and shared.

  3. Make the cookie policy available on every page – top and bottom of each page, not just on the landing page.

  4. Be clear about the user of any third-party cookies such as Facebook pixels and google ad trackers, web beacons, java scripts, and other plugins.

  5. PECR also applies - PECR does not prohibit using cookies and similar technologies. However, PECR does require you to tell people about them and give them the choice as to whether or not this information is stored on their devices in this way. Cookies refer to cookies and similar technologies including when used in other contexts such as a mobile app.

  6. Don’t forget that PECR requires you to obtain consent for every cookie used on your site!

  7. Think carefully about using cookies on your landing page – you need to obtain consent before you deploy the cookie so if users are allowed to move to other parts of your site before they give consent you could be non-compliant.

  8. Analytics cookies are not exempt – they do not count as ‘essential’ and consent for the use of analytics tracking cookies must be gained before firing.

Need help with implementing cookies on your site? Take a look at this automated solution. Call us if you need help with this.

For more information take a look at the ICO website’s guide to the use of cookies.

More on this soon.

Good luck all.

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