The Information Commissioner’s Office (ICO) has policies on the use of Cookies and similar technologies. The consent request, usually through a Cookies banner, must be accessible, using clear language to allow the individual accessing the site to withdraw consent at any time. The user must also give clear consent to give access to non-essential cookies. Organisations whose top-level cookie banners do not include a “reject all” button may face an “intervention” by ICO.
Failure to comply with guidance on cookies may also have civil law ramifications. There are potential remedies under the UK GDPR and under The Privacy and Electronic Communications (EC Regulations) 2003 (PECR) and UK Data Protection Act 2018.
There have been several examples of individuals, presumably using algorithms, identifying websites which do not have appropriate Cookies policies in place. The individual then seeks compensation for “distress” due to use of Cookies and processing of personal data without consent. Typically a monetary offer is suggested, failing which the individual threatens to issue civil proceedings.
Organisations need to comply with the law in relation to Cookies and must check their websites and apps to ensure they are Cookies compliant. If not, there is the risk of potential action by ICO and civil claims.
This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact Director, Michael King, for further advice or information.
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