As expected, there continues to be quite a lot of press on this topic as we get nearer to the final deadline for compliance on the 26th of May.
In an interview with Computer World UK magazine last week, a spokesman from the ICO said that it may give organisations with complex website environments years to comply with new EU cookie laws.
They also indicated that the ICO will pay more attention to websites using what they refer to as ‘intrusive cookies’ used for tracking to generate revenues for advertising based on a users’ prior online behaviour rather than cookies used just for simple analytics.
Deputy Commissioner Smith stated that the ICO is also unlikely to use its ability to fine companies up to £500,000 as it believes a breach of the cookie law is unlikely to meet the requirements it would need to issue such a fine. It is more likely that it will write to companies that aren’t taking steps to comply with the new regulation, providing timeframes to do so.
Both are in line with the ICO’s advice given in its guidance document where they suggest setting a cookie and then infer consent from the fact that the user has seen a clear notice and actively indicated that they are comfortable with cookies by clicking through and continuing to use the site.