Is that Cookie strictly necessary?

We all like cookies, but web cookies can collect a lot of data and reveal a lot about the individual, so they are now strictly controlled.

The court decision in Planet 49 effectively decided that:

• Strictly Necessary cookies can be pre-set to On• eMarketing cookies need opted in consent by positive action• Analytics cookies need opted in consent by positive action• All other cookies need opted in consent by positive action

And that consent for each cookie type must be separate, and consent freely given.

The duration of each cookie must be stated in advance so the user can decide whether to agree. Unlimited duration cookies are not permitted at all and any time period must be reasonable and proportionate to the intended outcome.

The statement we have seen on many cookie pop up notices that, “continuing to browse this website means you consent,” does not meet the necessary standard. Pointing users to the various browser settings where they can investigate how to set cookie acceptance on a range of browsers (and who does that, right?) is not the right way either.

If marketing consent is sought, then the user also has to be presented with a list of all those parties to whom their data will be revealed.

All in all, think about whether that cookie is strictly necessary. Do you really need it? What is the worst that could happen if you do not get that that cookie? Is it worth the effort? If you want to try, then you need to make the process as simple and user friendly as possible. Can you live with getting just strictly necessary cookies or do you really need all the others?

However, if the analytics cookie is just for you (and is not a third party one such as Google analytics) then it can be placed, but your Cookie Notice needs to say that, and you must be absolutely clear about its limits.

What is clear is that you need to review your cookie notices now or you will be gathering and using personal data in contravention of the rules, and that just gives compensation claims to each visitor to your website.

Call us now for your cookie review. We can’t promise that you will save any calories, but we can promise that you will save money. For more information and support please contact our GDPR Specialist:

Ian Sinclair-FordGDPR Specialistian.sinclairford@glenvillewalker.comT: 0151 305 9650 | M: 07786 394 679