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ARTICLE · 28 AUGUST 2019

ICO Update To Guidance On Cookies

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In July, the UK's Information Commissioner's Office released new guidance on its interpretation of the rules regarding the use of cookies and similar technologies

United KingdomPrivacy

In July, the UK's Information Commissioner's Office released new guidance on its interpretation of the rules regarding the use of cookies and similar technologies (the Guidance). The Guidance provides an understanding of how the Privacy and Electronic Communications Regulations (PECR) apply to the use of cookies in light of the GDPR.

Here are the key points:

  • Effect of the GDPR on cookies: The PECR provides that a website operator must provide clear and comprehensive information about its use of cookies and obtain valid consent to such use. If an operator is setting cookies, the Guidance makes clear that it must first comply with the PECR before turning to the GDPR. However, the GDPR has indirectly imposed a higher standard for cookies as to what constitutes consent and transparency.

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