UK cookie compliance: updated guidance and a “must do better” report

Claire Walker

The ICO has today  published its promised “half term report” on organisations’ compliance with the new cookie consent rules, along with updated practical guidance.   On third party cookies, which the ICO acknowledges is “one of the most challenging areas” for compliance, the ICO states that it is still working with industry and other DP regulators to find the right answers on this complex issue.

The new version of the guidance replaces  and expands on the 10 page version published back in May.   As well as providing more practical illustrations of the various possible consent options(pop ups, footer bars, terms and conditions, settings led and feature led consent) it  sets out the ICO’s likely enforcement stance when the “amnesty” period ends in May 2012. 

In line with the ICO’s Regulatory Action Strategy,  any formal action taken for cookie breaches would need to be proportionate – but the tone of the guidance and the half term report is very much that of a school master who is running out of patience:  there are pockets of good practice and transparency – but many businesses “must try harder” to get compliant in time for May 2012.

Datonomy confesses that it was somewhat distracted by last week’s  news about the unofficial publication of a draft of the new General Data Protection Regulation, but will now turn  its attention to matters of current, rather than future, law and will review the latest cookie guidance in more depth.

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