Cookies – Implied Consent OK

The Information Commissioner’s Office (ICO) has issued a statement re-emphasising that awareness of Internet ‘cookies’ has increased to such an extent that it is now ‘appropriate…to rely on a responsible implementation of implied consent’ by users of websites to accept them or otherwise. In other words, where clear and detailed information about cookies is given and an easy way to remove them is made available, then implied consent as opposed to specific consent to accept cookies is all that is necessary.

The ICO’s own website has now adopted such a policy.

What is essential is that the website operator is satisfied that the users of its website understand that their actions will result in a cookie being set.

The ICO can fine website operators which fail to implement a cookie policy that is compliant with the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 up to £500,000.

Anthony Wooding | Managing Partner
Head of Litigation Department, Kerseys