The Information Commissioner's Office has given some website
owners a deadline for them to start to comply with the new UK
cookie regulations.
The so-called
"Cookie Law" stems from a modification to the EU Privacy and
Electronic Communications Directive, which took place in November
2009. It aimed to safeguard online privacy and protect web users
from unwanted marketing. It requires websites to seek consent from
people to receive all "non-essential" cookies. The law was imported
into UK law in May 2011, but companies were given a year to comply.
The initial deadline was 26 May 2012.
Since then, many websites have placed messaging alerting users
to their use of cookies. However, some have failed to engage. Dave
Evans, group manager of business and industry at ICO,
explained in a blog post that the organisation is balancing
guidance with enforcement. However, after much information and
guidance for companies, he believes that by now businesses should
know that they have to respond to the law.
For sites that have failed to engage with the new legislation at
all, the ICO is working on setting deadlines to take steps towards
compliance, "with formal enforcement action likely if they fail to
meet this deadline". He added: "Failure to act on an enforcement
notice is a criminal offence."
The law grants the ICO power to fine companies as much as
£500,000 for non-compliance. So far, the ICO hasn't issued any
enforcement orders, which Evans acknowledges may make it look as
though they aren't being "strict enough".
He adds: "It might be a law they wish didn't exist, but the
simple fact is that it is here to stay. The EU passed the
legislation, the Department for Culture, Media and Sport (DCMS)
implemented it, and it's now the ICO's job to regulate the
organisations that have to comply with the law."
The ICO has created an online cookie concern reporting tool to
allow consumers to flag when websites aren't compliant. So far they
have received 380 responses.
For more information about cookies and Cookie Law, read our
simple guide.
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