Businesses now need consumer’s consent to use cookies

A new regulation requiring businesses to get permission from consumers before placing cookies on their computers has now come into force.

The EU Privacy and Electronic Communications Directive applies to cookies or any piece of code that enables you to store information about consumers such as their shopping habits.

It came into effect on 26th May and means many businesses will need to change the set-up of their websites and their electronic marketing strategy.

The Government and the Information Commissioner’s Office (ICO) say they recognise that this may take time as businesses search for technical solutions to the problem. The Government is also consulting with browser manufacturers to see if changes can be made to enable companies to comply.

Until such solutions are available, no enforcement action will be taken.

In the meantime, businesses are urged to reconsider how they use cookies and start looking at how they can implement changes. Ministers say you should consider:

• the type of data files you are placing on users’ equipment and whether or not they are essential
• the level of users’ privacy protection – if intrusion levels are high, you might want to consider changing your use of cookies
• being clear and up front about your use of cookies in the information you provide to users

We shall keep clients informed of developments.