Cookies are small files which are stored on your computer
after you visit a website. These files
contain a small amount of data about your time on the website which is then
carried over to your next visit to customise your experience.
Often user's actions are stored as cookies without the
user's consent; however previously website's were able to argue that when
visitors use a website they give their implied consent. In response to this, you may have noticed
that websites have started asking for permission to use and store your
cookies? Here are a summary of the new
laws and regulations below.
As of May 2012 Information Commissioners Office (ICO) have
set out the changes in the law regarding cookies, so when we're building
e-commerce and CMS websites, we must be careful to consider these rules:
·
Implied consent can be used by websites however
website users must understand that their actions will result in cookie files
being stored.
·
Websites must make it obvious that cookies are
being stored without having to rely on user's reading the privacy policy.
·
When websites are collecting personal sensitive data, they must gain
explicit consent from the user.
According to EU regulation, cookies or any other files
stored on the user's terminal equipment (Including mobile websites created for
mobile devices), must not be used by
service providers unless:
·
The user is informed about what the cookies are
to be used for and how it will be stored.
·
The user has given their consent for the cookies
to be stored and used.
The EU state that some websites do not need consent in
certain circumstance if the data is used for a sole purpose e.g. Search queries
that go into search engines.
In compliance with UK law and the Data Protection Act 1998,
if cookies process personal data service providers must only store data which
is needed and used for its purpose.
Therefore like traditional bricks and mortar businesses storing
information about you, websites must now only store and keep necessary
information with your consent.
We hope you find this useful, Media Orb team
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