GENERAL
WHICH LOCAL LAW IMPLEMENTS THE EPRIVACY
DIRECTIVE?
S.I. No. 336/2011 – European Communities (Electronic
Communications Networks and Services) (Privacy and Electronic
Communications) Regulations 2011 (2011 Regulations).
IS THERE ANY REGULATORY GUIDANCE ISSUED TO SPECIFICALLY
ADDRESS COOKIES?
Yes – Data Protection Commission Guidance note on cookies
and other tracking technologies which was published here and the corresponding report is available
here.
CONSENT
CAN A USER PROVIDE CONSENT TO COOKIES VIA WEB BROWSER
SETTINGS?
No – if a user's browser settings allow access to and
storing of cookies generally, this does not amount to deemed
consent for use of cookies on a specific website. The guidance
notes that merely referring to such cookies which are usually
enabled in browser settings (often third-party analytics), in a
privacy policy for example, will not meet the transparency and
information requirements under the relevant cookie laws.
