HomeInsightsNew UK cookie guide published ahead of next month’s deadline

The guide is structured into three main categories: explanations intended for website users; technical information for website operators; and examples of how consent might be obtained. No great invention there perhaps, but two aspects in particular within it should be recognised as having merit.

The first is the concept of a layered approach to providing information to website users. The ICC uses this approach in the guide itself and advocates its use by website operators too. We share their view: users will gain very little from being bombarded with a high level of information which they may not even want as soon as they visit a site; and if that means those same users come to value the site less, its worth to the operator is likely to be reduced. Integral to this layered approach is the use of icons. Inspiration has been drawn from the IAB’s recommendations on online behavioural advertising and although these recommendations received a lukewarm response from the EU Commission, they have been well-received elsewhere. The idea makes sense: use simple icons which are intuitive to users and provide a way of accessing greater detail and/or providing consent.

The second is the approach to the categorisation of cookies. Four categories have been proposed; they provide a good template for organisations looking to spring clean their websites and comply with the new regulations. The categories are: strictly necessary cookies (mainly essential ‘session’ cookies); performance cookies (operator web analytics, ad response rates etc); functionality cookies; and targeting cookies or advertising cookies (usually third party, always persistent, cookies).

The ICO has welcomed the guidance but its statement made it clear that even if organisations do follow it they should be wary of resting on their laurels. ‘A good starting point from which organisations can work towards full compliance’ was the message and one which we ignore at our peril.

For all enquiries on this subject or any other data privacy related issue please contact Phil Gorski on +44 (0)207 927 9687 or Jason Chess on +44 (0)207 612 9612

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