NEWS29 May 2012
UK— The Information Commissioner’s Office, the UK data protection watchdog, has updated its guidance on European cookie rules to make clear that “implied” consent is a valid form of consent.
In the run-up to this week’s enforcement of the rules, the focus had been on getting consumers to give explicit consent to the storing and retrieval of website cookie data on their machines.
Now, in revising its guidelines, the ICO says implied consent can be used provided a website owner is satisfied that users are able to understand that their actions will result in cookies being set. “Without this understanding, you do not have their informed consent,” the ICO said.
The updated guidance is here. Previously, the ICO said it was unlikely to prosecute of websites that use first-party cookies for analytics purposes.