Legislation has made it mandatory for companies to make it clear that they are using cookies to hold on to your data. Non compliant websites are subject to investigation by the Information Commissioners Office. Robert Griffiths of IBB solicitors discusses how to make your website compliant.
Smart Cookies and the Law : Is Your Web Site Compliant?
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Smart Cookies
Make sure your website is compliant
Did you know?
New legislation in force since 26th May 2012 requires all website operators to obtain consent for
the use of cookies and similar technologies, as well as providing users with information about
what cookies are used and why.
KPMG reports more than 75% of British businesses have failed to take on these essential steps
as required.
Non-compliant websites are subject to investigation by the Information Commissioner’s Office (ICO),
who may then seek undertakings to comply with the legislation, issue enforcement notices and/or
impose monetary penalties of up to £500,000.
What are cookies?
A cookie is a piece of information in the form of a very small text file that is placed on an internet
user's hard drive. It is generated by a web page server, which is basically the computer that
operates a web site.
The information the cookie contains is set by the server and it can be used by that server
whenever the user visits the site. A cookie can be thought of as an internet user's identification
card, which tells a web site when the user has returned.
Are you at risk?
To avoid a lengthy and costly ICO investigation, every business with a website must comply with
the new legislation.
Websites that use the most intrusive forms of cookies are more likely to be under scrutiny. The
ICO will look out for those with third party advertising banners; flash video or animation; and
social media integration, such as “Like”, “Share” or “+1” buttons, with Facebook, Twitter or
Google+.
The ICO are likely to enforce against bigger businesses first, and have already written to 75 of the
larger businesses, asking what steps have been taken to achieve compliance. It is inevitable that
the ICO will focus on smaller businesses next.
How can you ensure you avoid investigation?
IBB’s specialist data protection lawyers are able to assist you with compliance solutions of any