Published: 20 June 2012

With just 48 hours to go before new Cookie Law was 'enforced', the Government 'watered down' the level of consent required to be gained from a website user. Under the amended Cookie Law website owners now require 'implied consent' as opposed to the original measure of 'consent'.

The impact of this change is significant as the onus moves from website owner to website user to express their desired level of consent. Until this change, draconian measures such as cookie cleansing until consent has been given, have seen some sites lose valuable analytics data which informs their resource planning. 

Under the new law website owners still need to inform users about the cookies that they use but do not have to explicitly gain consent to use them. Instead, website owners can imply consent until a user objects. The term 'objects' can now be interpreted as changes their security settings within their browser to not allow cookies. On this basis, providing you inform a user as to the cookies that you may place you can imply consent and be within the bounds of the new law.

To discuss this matter further or to check if you are compliant then please contact our legal division:

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