January 25, 2013

Information Commissioner’s Office own cookie policy altered to implied consent

The Information Commissioner’s Office (“ICO”) has announced that it will be changing its website so that cookies are set when users first visit the website. The ICO’s use of implied consent is a change from its initial approach in May 2011, when it asked first-time visitors for their explicit consent to the use of cookies.

The ICO’s website also includes additional features informing users of the presence of cookies which include:

  • a cookies banner explaining that cookies have been set and how users can change their cookie setting;
  • a new cookies page, separate to the privacy notice;
  • clear, detailed information about the cookies set and how to manage them; and
  • new buttons allowing users to delete or allow non-essential cookies.

The ICO has stated that this change is in response to a greater awareness about the use of cookies and insists that implied consent fulfils the requirements for consent in the relevant regulations; however, our advice remains as detailed in the following guidance note – click here to download.