The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, which came into force on 26 May 2011, require websites wanting to use cookies to gain the visitor’s consent first in most cases.
The Information Commissioner’s Office (ICO) at that time stated that organisations would be allowed a 12-month grace period to make sure they complied with the new rules.
The ICO has now published updated guidance to help website owners prepare for the change. This can be found here.
The Information Commissioner, Christopher Graham, said, ““The guidance we’ve issued today builds on the advice we’ve already set out, and now includes specific practical examples of what compliance might look like. We’re half way through the lead-in to formal enforcement of the rules. But, come 26 May next year, when our 12 month grace period ends, there will not be a wave of knee-jerk formal enforcement actions taken against those who are not yet compliant but are trying to get there.”
We can help you make sure your marketing policies comply with all the applicable law.