"For implied consent to work, there has to be some action taken by the consenting individual from which consent can be inferred. This might for example be visiting a website, moving from one page to another or clicking on a particular button. The key point, however, is that when taking this action the individual has to have a reasonable understanding that by doing so they are agreeing to cookies being set."
The ICO's change of heart in relation to consent is likely to be positive news for businesses; a recent KPMG survey found that 95% of companies in the UK had not yet changed their practices to be compliant with the change in the law. The introduction of the concept of 'implied consent' will make it easier for organisations to bring themselves in line with the new legislation.
For more information about cookie consent requirements and the mechanisms that you need to put in place to ensure compliance, please contact Alison Deighton.
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at May 2012. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.
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