Is your website complying with the new EU cookie law?

Tuesday, 03 July 2012 00:00

What are cookies?

Cookies are small text files that record internet users' online activity. Websites store the information on a user's computer to track their online behaviour and measure the numbers of users on their site.

How has the law changed?

A new EU law imposes certain requirements when websites use cookies. This means that persons, including companies, who operate online services and use cookies are now required to:

a) tell users that they are using cookies;

b) explain what they are doing; and

c) obtain their consent for using them.

How is consent obtained?

The Information Commissioner's Office has published some guidance about how websites can obtain users' consent. The guidance outlines the different methods available to website operators, whose responsibility it is to determine the appropriate method to use. One method is a simple tick box confirming the user agrees and understands that the website uses cookies, together with a link to the website's terms and conditions of cookie use.

Does it apply to all cookies?

An exemption exists when the use of the cookie is 'strictly necessary'. A likely example would be a cookie used to remember the goods a user wishes to buy when they proceed to a checkout. However, the ICO guidance suggests that analytical cookies - cookies used to measure the number of users to their site and how they use it – does not fall within the exemption.

What happens if I don't comply?

The ICO has been given powers to impose penalties of up to £500,000 on websites that breach the regulations.

How can I ensure I am complying?

If you use a third party website design company then they should have already taken steps to update your website to comply with the regulations. If not, you should contact them or taking the appropriate steps yourself to ensure compliance. For access to the ICO guidance please click here

If you need and further advice on whether your website complies with the new law, please contact a member of our commercial department on 01392 207020 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .