The New Cookie Law
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Transcript of The New Cookie Law
Data Protection webinar:The new cookie law
18 April 2012
In association with
Programme
Introductions What the law says Will the law be enforced? What we need to do
Assess the problem Provide information Ask for consent?
This presentation is intended to help you understand aspects of the Privacy & Electronic Communications (EC Directive) (Amendment) Regulations 2011 and related legislation.It is not intended to provide detailed advice on specific points, and is not necessarily a full statement of the law.
Where we are so far
Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 came into force on 26th May 2011
Information Commissioner announced a year’s grace before enforcement action would be taken
Information Commissioner issued guidance in December 2011
What the Regulations say
You must not store information (e.g. through a cookie) on someone else’s computer unless: they have clear information about the purpose; and they have given consent
You only have to ask them the first time They can consent through browser settings (but …) You don’t need consent for cookies that are ‘strictly
necessary’ for the functioning of a website
What the Information Commissioner says
He wants ‘good solutions rather than rushed ones’. No ‘wave of knee-jerk formal enforcement action’
as long as people are making the effort to comply. There are ‘pockets of good practice’ and while he
‘cannot endorse specific products or services’, there are ‘people going about this the right way’.
Analytics cookies are covered, but not a priority.
What do we need to do?
Document what cookies we have Assess how intrusive they are Decide whether we really need them all Provide appropriate information
In the privacy statement At appropriate points on the website
Decide what we need consent for and how to get it
Work out how people can withdraw consent
Thank you
Slides and links to other material will be circulated by e-mail shortly
Follow-up questions welcome: [email protected]
More webinars on topics related to Data Protection: www.paulticher.com/webinars/