Netimperative
Netimperative
  • Home
  • Ads
  • Content
  • Mobile
  • E-commerce
  • Social
  • Regulation
  • Video
  • Viral
Menu
  • Apple
  • Amazon
  • Facebook
  • Google
  • twitter
  • WhatsApp
  • YouTube

Watered-down EU cookie law comes into force with last minute changes

May 28, 2012

A controversial new series of online privacy rules have come into effect within the European Union’s 27 member countries, requiring companies to receive consent to track individuals’ actions online.

cookie.jpg
In a surprise move, the Information Commissioner’s Office (ICO) has changed the wording of the laws, moving from needing ‘explicit consent’ to ‘implied consent’ from website users.
This means that websites can assume that users have consented to their use of the cookies, provided they are ‘satisfied that your users understand that their actions will result in cookies being set’.
Sites rely on cookies to store data such as online shopping baskets, identification and other user preferences, and requiring users to agree to each instance would subject them to a blizzard of decisions about acceptance or refusal.
The EU Privacy and Electronic Communications Directive, initially approved last year, was delayed to give companies time to adapt marketing processes to the new requirements.
During planning stages for the new law the ICO had said that implied consent would not work but on Thursday the ICO changed its mind and said that informed consent would suffice.
To help in the battle against the mis-use of cookies the ICO is launching a tool for the public to report non-compliant websites.
The owners of non-compliant websites face fines of up to £500,000 but the ICO has said it will not be pursuing prosecutions until the new rules have had time to bed in.
This is fortunate as last week the government admitted the majority of its websites will not be ready in time.
The ICO says May 27th is not a cut-off date but an attempt to help websites focus on their cookie use.
Among other requirements, companies must secure their opted-in user data and inform users about data that third parties store or access. Companies violating the new law are subject to fines.
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.

Click here to read the full laws from the ICO

Uncategorized government, marketing, Privacy

Archives

Tags

advertising agencies Amazon analytics Android Apple apps Australia BBC brands Brazil broadband China Christmas comScore content digital marketing ecommerce email Entertainment Europe Facebook France games Germany global Google government images infographic local marketing media Microsoft music Privacy retail Search security smartphones technology Twitter UK video YouTube

Recent Posts

  • Top six Valentine’s Day ads for 2022
  • 2021 Halloween: digital marketing campaigns we loved this year
  • Empowering employees; the critical link between EX and CX
  • Investing in in-app social features is a must in a world that is crying out to be connected
  • QR codes, Gen Z and the future of OOH

Copyright © 2025 Netimperative.

Magazine WordPress Theme by themehall.com

We use cookies to improve the website and your experience. We’ll assume you’re okay with this, but you’re welcome to opt-out
Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT