Guest Blog - Cathy Cook on Cookies

Hello and welcome to a new series of guests blogs by Cathy Cook,  Head of Jordans Solicitors Company and Commercial Department. Cathy is an e-commerce expert and will be keeping you informed of key compliance topics in this area.

Cathy Cook is the Head of Jordans Solicitors Company and Commercial Department. Cathy has experience in buying and selling companies and businesses, management buy outs and buy ins, shareholder and partnership agreements and group re-organisations.

Commercially, as a result of many years in industry Cathy advises on Distribution, Agency and Supply Agreements, Data Protection issues, licence agreements and standard terms and conditions of trading including ecommerce terms of trading and privacy policies.

Her experience in industry, particularly with large retailers, means that she is used to advising clients in a practical, solution driven way within tight timescales.

Practical Steps: This note has been prepared by Jordans Solicitors for non lawyers and, if you have any queries about any of its contents please seek legal advice. 

Lots has been written about changes to law around cookie compliance since the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) were amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (SI 2011/1208) (Revised Regulations).

Although there are limited exceptions the basic position is that cookies can be used only if the user concerned:

The Revised Regulations have caused all sorts of issues for businesses as many businesses with an online presence have grown to rely on cookies for carrying out essential as well as non-essential website functions.  The Information Commissioners Office (ICO) gave businesses a lead in period of 12 months to achieve compliance and this period of grace ended in May 2012. At the end of May 2012 the ICO issued additional guidance which was almost identical to that given in December 2011 except where it relates to implied consent.

In the next blog, Cathy will be advising on the ICO recommendations to ensure cookie compliance.