Customer consent now required to store website cookies on their computers and hand held devices
This is an important change in the law for all website operators that use cookies.
The new law came into effect on 26 May 2011 and the Information Commissioner's Office has stated that all businesses must show that they are taking steps to comply with the change.
What type of consent is required?
"Opt in" consent is required, which means that it will not be enough to simply say in your privacy policy that consent is assumed by the individual's use of the website. The individual will actively need to indicate that they consent to the storage of cookies on their computer or their hand held device (for example an I-Phone).
How do we obtain the consent?
Many website operators are unsure as to how to obtain the consent. For example, many websites will be able to be accessed via a mobile phone and the new laws do not cover how consent is to be obtained in this situation.
Many website operators also face the problem that they enable third parties to set cookies on an individual's computer/device. Those operators will also need to make the individual aware and obtain "opt in" consent.
What do we do now?
The government recognises that businesses have not had much time to comply with the new laws but the Information Commissioner has made it clear that businesses need to start taking steps to comply. There are various practical steps that can be taken to ensure that businesses have a realistic plan to enable them to comply.
If you would like more information on the steps that can be taken, please contact: