Privacy and Security Law Blog
UK websites launch cookie compliance measures and rely on implied consent
By Bob Stankey
New pop-up windows about online cookies are now greeting visitors to popular UK-based websites. The changes are part of the steps being taken to comply with the new European rules that require consent to the setting of cookies.
While the new rules were supposed to have been in effect since May 2011, the UK’s data protection authority – the Information Commissioner’s Office (ICO) – announced a one-year lead-in period in order to give websites time to prepare for the new requirements. That informal transition period ran out on May 26. As a result, in the last few weeks, pop-ups and banners have begun appearing on the websites of UK newspapers, broadcasters, telephone companies and any other company with a major online presence used by residents of Britain.
The nature and content of the new windows and banners vary widely across different websites. Many disclosures are appearing as hover icons or top-of-the-page banners that persist for some number of seconds and then go away. These icons or banners may appear just once, or re-appear for 4 or 5 visits to the site unless a user clicks to get the icon to disappear.
The UK’s approach appears to be at odds with emerging requirements elsewhere in the European Union, where consent is deemed to require a greater affirmative sign of acceptance by site users. The controversy will continue as EU policy-makers work on a broad re-write of Europe’s data protection legislation and negotiate with industry over online behavioral advertising practices in Europe.
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