NEWS & EVENTS

Businesses in the region that use cookies on their web sites have been warned to check they comply with new Regulations in time for their implementation on 26^th May.

Cookies are small text files implanted by a web site on the hard disks or memory  of users devices.  Businesses use them for collecting information on the visitors to their web sites, for example to analyse their on-site browsing habits, and remembering users payment details if they buy products on-line.

From 26^th May, web site owners will have to obtain consent from visitors to use cookies.

Speaking about the changes, commercial solicitor Deborah Brown warned that there were very few exceptions to the rules:

"Prior to the new rules, businesses simply had to tell visitors somewhere on their site how cookies would be used. This was often hidden away in the privacy statement.   The new Regulations require them to ask for specific consent.  The only exception being is for cookies is where they are "strictly necessary" for example if you needed a cookie to remember what a customer had chosen during the buying process."

Deborah advised that business should analyse what cookies they use and how they are used – removing any that are no longer strictly necessary.  They should also to investigate how they will obtain visitor consent to their use - one possible option being the use of pop-up windows on the site.

She concluded:

"The rules will be policed by the Information Commissioner's Office and if they receive a complaint from a web user it will be down to the company to show that they have taken all reasonable steps to comply with the Regulations.  There are no indications of possible penalties yet – these are expected to be issued in the near future."