Cookie Legislation

Full information regarding cookies can be found using the link below

New EU cookie law (e-Privacy Directive)

The law which applies to how you use cookies and similar technologies for storing information on a user’s equipment such as their computer or mobile device changed on 26 May 2011.

Updated in May 2012 the updated guidance provides additional information around the issue of implied consent:

Implied consent is a valid form of consent and can be used in the context of compliance with the revised rules on cookies.

If you are relying on implied consent you need to be satisfied that your users understand that their actions will result in cookies being set. Without this understanding you do not have their informed consent.
You should not rely on the fact that users might have read a privacy policy that is perhaps hard to find or difficult to understand.
In some circumstances, for example where you are collecting sensitive personal data such as health information, you might feel that explicit consent is more appropriate.

European data protection authorities opinion

In June 2012, European data protection authorities (as part of the Article 29 Working Party) adopted an opinion which clarifies that some cookie uses might be exempt from the requirement to gain consent:

Some cookies can be exempted from informed consent under certain conditions if they are not used for additional purposes. These cookies include cookies used to keep track of a user’s input when filling online forms or as a shopping card, also known as session-id cookies, multimedia player session cookies and user interface customisation cookies, eg language preference cookies to remember the language selected by the user.

First party analytics cookies are not likely to create a privacy risk if websites provide clear information about the cookies to users and privacy safeguards, eg a user friendly mechanism to opt out from any data collection and where they ensure that identifiable information is anonymised.

Cookies and personal data

Regulation 6 covers the use of electronic communications networks to store information, eg using cookies, or gain access to information stored in the terminal equipment of a subscriber or user.

Although devices which process personal data give rise to greater privacy and security implications than those which process data from which the individual cannot be identified, the Regulations apply to all uses of such devices, not just those involving the processing of personal data.