ICO issues written warning to UK websites over cookie consent policies

Although the requirements around consent apply to all cookies and tracking technologies, it is a particularly hot topic in the world of online advertising. Whilst websites are still able to display adverts even when users reject all tracking, the ICO has highlighted that such adverts must not be tailored to the person browsing. Explicit consent must be obtained from users prior to engaging cookies or trackers.

The ICO Executive Director of Regulatory Risk has recently commented on the matter, stating:

"We’ve all been surprised to see adverts online that seem designed specifically for us – an ad for a hotel when you’ve just booked a flight abroad, for instance. Our research shows that many people are concerned about companies using their personal information to target them with ads without their consent."

The ICO has communicated with various companies running the UK's most visited websites regarding concerns over their cookie policies. These companies have 30 days in which to comply with data protection law and failing this, they may be ordered to pay out compensation for distress caused.

It is worth ensuring your organisation seeks appropriate consent to the use of cookies not only to achieve legal compliance but also as a result of the rise of cookie-related "nuisance" complaints. We have helped a number of clients who have received letters from tech-savvy individuals complaining about unlawful use of cookies and seeking compensation for distress, usually in the region of £200 - £750. It is often more time and cost effective for organisations to pay the nominal compensation amount than to fight the claim, but payment of any compensation can be avoided by ensuring your website and cookie usage complies with the relevant legislation.

Clarion's Data and Information Law team specialise in reviewing, advising and updating company cookie policies and pop-up cookie banner wording to ensure they comply with data protection and privacy law. Please contact Florence Maxwell or Jack Farrer for more information.