Point of View on the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011. If you would like to recieve a PDF copy of ”The future use of cookies in the UK: From informing to obtaining consent” please send an email to ukinfo at webliquidgroup.com

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• Background
• What is the role of cookies?
• What is the new legislation on cookies in the UK?
• When is the legislation on cookies coming into effect?
• What should you do?
• Our view on the UK cookie legislation
• The different forms for obtaining consent
• Recommended next steps
• How we can help
• References & Sources

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Background

Earlier this year, the UK government implemented an amendment to the EU’s 2003 Privacy and Electronic Communications Directive. The “UK cookie directive” requires businesses running web sites in the UK to get informed consent from visitors to their web sites in order to store and retrieve information on users’ devices. {1} While the new legislation is a significant change from previous policies, the government’s view is that there should be a phased approach to the implementation of these changes.

What is the role of cookies?

Cookies are the most obvious manifestation of ‘store and retrieve information’ and are the centre of the new legislation. Cookies are text files that are dropped in users’ hard drives by the server being accessed (through the browser) when they access a site or view an ad.

It is important to note that the consent rule does not apply to all cookies. At the present time, the only exception to this rule is if the cookie is ‘strictly necessary’ for a service requested by the user. This applies to cookies used throughout a shopping cart, including ‘add to basket’ or ‘proceed to checkout’. {2}

What is the new legislation on cookies in the UK?

In simple terms the new “UK cookie directive” require a user’s consent if an organization wants to store a cookie on their device. The revised rules replace the requirement of the 2003 Regulations that users must be 1) told how cookies are used and 2) given an opportunity to refuse cookies (an “opt out”) with a requirement for user consent.

When is the legislation on cookies coming into effect?

The legislation came into effect on the 26th of May 2011. Given the difficulties in establishing specific guidelines, organizations have until May 2012 to comply. {3} These timelines might change but on the date of publishing this document, these are the timeframes set forward.

[Click here for Part 2 of 'The future use of cookies in the UK: From informing to obtaining consent']

About Alain Portmann

My job is simple. To inspire staff, clients and consumers.

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