ARTICLE · 10 FEBRUARY 2021

European Law On Cookies - UK

DLA Piper - Ireland

Explore more from DLA Piper - Ireland

DLA Piper has published a new guide that summarises the varying approaches of the law on cookies across Europe.

United KingdomPrivacy

Rachel De Souza

GENERAL

WHICH LOCAL LAW IMPLEMENTS THE EPRIVACY DIRECTIVE?

The Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (PECR).

IS THERE ANY REGULATORY GUIDANCE ISSUED TO SPECIFICALLY ADDRESS COOKIES?

Yes – the UK Information Commissioner has issued Guidance on the Use of Cookies and Similar Technologies' (ICO Guidance).

CONSENT

CAN A USER PROVIDE CONSENT TO COOKIES VIA WEB BROWSER SETTINGS?

No – the GDPR standard of consent applies. This means consent must be a freely given, specific, informed and unambiguous indication of the individual's wishes by a statement or by a clear affirmative action. If an individual's browser settings allow access to and storing of cookies generally, this will not be sufficient to meet the GDPR standard of consent for use of cookies on a specific website. The guidance notes that the individual must take a

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