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ARTICLE · 26 MAY 2011

The ICO's cookie guidance... still half-baked

Mayer Brown
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From today (26 May), new rules come into force on the use of website cookies (and similar technologies such as spyware) which mean that website operators can no longer justify their use by solely relying on website users to change their browser settings to "opt-out" if the website users do not want to receive them.

United KingdomIntellectual Property

Originally published May 26, 2011

Keywords: ICO, ICO guidance, cookie guidance, new rules, spyware, browser settings, opt-in, opt-out

From today (26 May), new rules come into force on the use of website cookies (and similar technologies such as spyware) which mean that website operators can no longer justify their use by solely relying on website users to change their browser settings to "opt-out" if the website users do not want to receive them.

A cookie is a piece of text stored on a website user's computer by his or her browser that allows the website to store certain information about the website user's use of the site and to recognise the website user when he or she returns to the website in the future. The new rules amend Article 5(3) of the e-Privacy Directive (2000/58/EC).

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