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ARTICLE · 24 JULY 2019

Cookie Compliance: How Can Companies Get It Right When The Regulator Does Not?

Herbert Smith Freehills Kramer LLP
Explore more from Herbert Smith Freehills Kramer LLP

The UK privacy regulator has admitted that its own cookie consent process does not comply with the current GDPR and ePrivacy rules.

United KingdomPrivacy
Miriam Everett
Miriam Everett
Christina Quinn
Christina Quinn
  • The UK privacy regulator has admitted that its own cookie consent process does not comply with the current GDPR and ePrivacy rules.
  • According to the regulator, a new process will be implemented during the week beginning 24th June 2019, which could give organisations a valuable insight into how to navigate the complex interaction between the GDPR and ePrivacy rules in a compliant manner.
  • The regulator has also promised detailed guidance on cookies “soon“.

Background

Many organisations are currently grappling with the challenge of navigating the legislative regime surrounding the use of cookies on their websites. There still remains a lot of uncertainty around the interaction between the GDPR and ePrivacy rules, and, in particular, there is little guidance on what constitutes a compliant cookies notice from both a GDPR and an ePrivacy perspective. Such organisations may be relieved or disheartened to learn that even the approach used by the

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