Privacy and Cookies

Cookies are pieces of information that websites create and access on visitors' computers for a variety of reasons.  For example, a website might store a cookie on your PC so that when you return it is able to remember your preferred size of text, so that you don't need to enter your password multiple times, or so that it can track your activity for marketing analysis.

Recent developments in data protection law

Data protection law is constantly evolving to keep up with technology, and recent changes affect the entitlement of websites to access cookies without first obtaining a visitor's consent.  Previously it was seen as permissible to deploy cookies provided a user hadn't 'opted-out', but following the introduction of new legislation initiated by the EU's ePrivacy Directive, sites may need to obtain explicit consent before actually saving a cookie.  This gives rise to a range of technical problems - for example, if a site cannot store a cookie on your computer, then how does the site remember that you had visited it, and so that it is not permitted to store a cookie, ad nauseam?

These difficulties have been recognised, and in the short term the Information Commissioner's Office is not expected to take enforcement action, however sites choosing to ignore the new rules may face fines of up to £500,000.

How can we help?

Keeping abreast of new developments in this area of the law is important, but perhaps even more so is to seek advice from lawyers who have the expertise to provide solutions, rather than simply raise questions.  Trusted advisors able to assist with the How, as well as the Why.

What next?

If you need legal work please call us on +44 (0)20 7700 1414 or if you prefer send us an enquiry using the form below. Depending on your requirements we may suggest a free meeting. This is often the best way to assess whether we would be the right firm for you, and to understand the work involved, your priorities, attitude to risk, and desired timescales.