What is a Cookie?
Changes to the Data Commissioner’s Guidance
- users understand that their actions will result in cookies being set.
However, where companies are collecting sensitive personal data (such as health information), be aware that implied consent will probably not suffice and explicit consent will need to be obtained.
Monitoring and Penalties for Breach
It is unlikely that monetary fines will be issued by the ICO in the first instance for failure to comply with the new cookie rules. The ICO has stated that it will consider ensuring compliance by requiring companies to give formal undertakings and by issuing enforcement notices. Compliance of websites generally will be monitored by the ICO via its online reporting tool. Members of the public will be able to report cookie concerns about particular websites or sectors, by using the online tool on the ICO’s website.
Irene Bodle is an IT lawyer specialising in Internet Law and SaaS Agreements with over 10 years experience in the IT sector. If you require assistance with any Internet Law, SaaS, ASP, software on demand contracts or any other IT legal issues contact me:
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