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ICO updates cookie law to include implied consent

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 guidance.

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 giving consent.

Contact us today to discuss how we can help

0845 8692484



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