How do we comply with the cookie rules
How do we comply with the cookie rules
Source
Status
Original source clipped #2024-02-23
Summary
(generated via ChatGPT using the fabric/summarize prompt)
PECR outlines responsibilities and guidelines for online services regarding cookie usage, consent mechanisms, and compliance, emphasizing clear information and valid user consent.
Main points
- PECR mandates clear information about cookies and valid consent but doesn't specify who is responsible for compliance.
- The entity setting cookies is primarily responsible for compliance, especially when cookies serve their own purposes.
- Planning for new online services should include a detailed cookie strategy and arrangements with third parties.
- Conducting a cookie audit involves identifying cookies, their purposes, types, lifespans, and ensuring valid consent mechanisms.
- Information about cookies must be clearly communicated to users upon their first visit to an online service.
- Consent mechanisms should allow users control over all cookies, including third-party ones, to comply with PECR.
- Techniques like message boxes for consent must consider user experience and provide clear options without undue disruption.
- Consent cannot be bundled with terms and conditions or obtained through pre-enabled non-essential cookies.
- Third-party cookies require clear information and consent, with both the website and third party responsible for compliance.
- Analytics cookies are not exempt from consent requirements, even if they are first-party or perceived as non-intrusive.
Takeaways
- Clear and comprehensive information about cookie use is crucial for obtaining valid user consent.
- Regular reviews and audits of cookie usage are recommended to ensure compliance and adapt to changes.
- Consent mechanisms must be designed to be user-friendly and provide genuine choice to comply with PECR and UK GDPR.
- Third-party cookies pose additional compliance challenges, necessitating clear agreements and user information.
- Analytics cookies require consent, emphasizing the need for transparency in how user data is collected and used.