Additional guidance as to how to comply with the Cookie Law has been provided by the International Chamber of Commerce. In addition, the ICO’s website provides examples of what it presumably believes is sufficient to comply with the Cookie Law.
The Cookie Law, and particularly the issue of what constitutes consent under the law, has been controversial. The ICO guidance indicates that “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. The crucial consideration is that the individual must fully understand that by the action in question, they will be giving consent.”
It is unclear whether the ICO will attempt to enforce the Cookie Law against website operators based outside the U.K. The ICO’s guidance, however, makes clear its desire that websites located outside of the U.K. comply, especially sites that are designed for the European market and/or that provide products and services to the customers in the EU.
If you have any questions about how your business should address the Cookie Law, please contact one of the lawyers listed below.
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers:Axel Spies
This article was originally published by Bingham McCutchen LLP.