In this briefing, we consider the recent
guidance of the Irish Data Protection Commission
("DPC") on the use of cookies and other
tracking technologies ("Guidance")
published on its website earlier this month.
The Guidance was issued on foot of the DPC's
report on the findings of its "cookie sweep" –
a thorough survey of the websites and practices of 38 well-known
organisations across a range of sectors. In conducting the sweep,
the DPC sought to examine how organisations are using tracking
technologies, and to establish whether, and to what extent,
organisations are complying with the prevailing law on cookies,
being the European Communities (Electronic Communities Networks and
Services) (Privacy and Electronic Communications) Regulations 2011
(S.I. No. 336 of 2011) ("ePrivacy
Regulations") in respect of the use of cookies, and
the General Data Protection Regulation (EU) (2016/679)
("GDPR") in respect of the processing of
personal data via the cookies.
