ICO updates cookie law to include implied
On May 24th 2012 the Information
Commissioner's updated the soon to be imposed new laws on privacy
and online data retention, known as the 'Cookie Law'
What does implied consent mean?
Implied consent is certainly a valid form of consent but those
who seek to rely on it should not see it as an easy way out or use
the term as a euphemism for "doing nothing". In many cases, to
create a situation in which implied consent is acceptable to
subscribers, users and the regulator it would still be necessary to
follow the steps set out in the Information Commissioner's existing
The law comes as part of a European Union law on cookies, and
means that UK businesses and other organisations will have to gain
'explicit consent' from visitors to their websites to store or
access information on their computers.
What should I do?
The Regulations require that users or subscribers consent.
Directive 95/46/EC(the Data Protection Directive on which the UK
Data Protection Act 1998 (the DPA) is based) defines 'the data
subject's consent' as:'any freely given specific and informed
indication of his wishes by which the data subject signifies his
agreement to personal data relating to him being processed'.
Consent must involve some form of communication where the
individual knowingly indicates their acceptance. This may involve
clicking an icon, sending an email or subscribing to a service.
How Can Helix Help?
Helix offers a support service to all of its
customers enabling us to be responsive to changes in legislation
and technologies. We can work with our customers to develop a
bespoke solution to the new cookie laws that maintain both the
websites functionality and the user's experience.
The crucial consideration is that the individual
must fully understand that by the action in question they will be
Contact us today to discuss how we