The Cookie law: clarity at last (but not from the ICO)

Friday, April 27th, 2012

When Regulation 6 of the UK Privacy and Electronic Communications Regulations 2003 - “the Cookie law” to most of us – became part of UK law in May last year, the Information Commissioner’s Office (ICO) immediately invoked a one year moratorium on enforcement. Some might interpret that as tacit acknowledgement that the regulations were unenforceable. Little seemed to have changed as the end of the moratorium approached and website owners waited, in vain, for specific guidance from the ICO on how, exactly, to make their sites compliant.

Finally, something resembling advice has appeared, but it’s not come from the ICO but from business organisation the International Chambers of Commerce (ICC). Despite the inevitable disclaimer on page 2 that it “does not constitute legal advice”, it’s by far the most practical guide to the cookie regulations I’ve seen so far and is the result of research carried out by an organisation looking at this from a practical point of view rather than the compliance-based approach of the ICO.

Indeed, David Evans, group manager for business and industry at the ICO, said at the launch of the guide: “Today’s ICC UK guidance provides organisations with a good starting point from which they can work towards full compliance.” Which is about as close to a ringing endorsement as we’re ever likely to get from the 21st Century equivalent of the Circumlocution Office.

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