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UK businesses must ‘wake up’ to new EU law on cookies, Information Commissioner warns

10 Mar 2011 12:00 AM | Anonymous

Businesses and other organisations running websites in the UK must ‘wake up’ to the fact that EU legislation, which will require them to get consent in order to store or access information on consumers’ computers, is coming into force soon, Information Commissioner Christopher Graham will say today in a speech at the ICO’s annual Data Protection Officer conference in Manchester.

The new law, which will come into force on 25 May 2011, is an amendment to the EU’s Privacy and Electronic Communications Directive. It will require UK businesses and other organisations to obtain consent from visitors to their websites in order to store on and retrieve usage information from users’ computers.

One common technique of storing information is widely known as a cookie. This is a small file that a website puts on a user’s computer so that it can remember something, for example the user’s preferences, at a later time. The majority of businesses and organisations in the UK currently use cookies for a wide variety of reasons – from analysing consumer browsing habits to remembering a user’s payment details when buying products online.

Information Commissioner, Christopher Graham, said: “While the roll out of this new law will be a challenge, it will have positive benefits as it will give people more choice and control over what information businesses and other organisations can store on and access from consumers’ own computers.

“The Directive will come into force in less than two months time and businesses and organisations running websites in the UK must wake up to the fact that this is happening. We are proactively working with the government, businesses and the public sector to find a workable solution. We recognise that the internet as we know it today depends on the widespread use of cookies and there are of course legitimate business reasons for using them. So we are clear that these changes must not have a detrimental impact on consumers nor cause an unnecessary burden on UK businesses. One option being considered is to allow consent to the use of cookies to be given via browser settings.

“Once the new regulations are published there will be a major job of education and guidance to be undertaken. In the meantime, both the business community and public sector organisations need to start thinking clearly about how they will meet the requirements of the new Directive.”

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