The policy on obtaining consent differs and, at present, the
ICO seems to have a more relaxed view than regulators in other EU member
The ICO in their 2012 guidance
suggested that implied consent is reasonable in the context of storage of
information or access to information when using cookies at least where
non-sensitive personal data is concerned.
Although an explicit opt-in mechanism might provide regulatory certainty
there is an acknowledgement that in some circumstances implied consent might be
a valid and more practical option.
Because the ICO is out
of step with existing guidance from EU regulators there may be an issue if
cookies are placed on the equipment of Non UK EU citizens on the basis of
Implied Consent can only
be relied on provided that: