Being Clear and Comprehensive when using Cookies
In the interests of transparency and accountability your organisation must inform its users of the following:
- The cookies you intend to use; and
- The purposes for which you intend to use then.
Cookies and Consent
If your website is set up in such a way that takes a ‘take it or leave it approach’ which requires users to agree or accept the cookies before they can access online content, this will likely be considered in breach of Recital 43 of the GDPR which requires consent to be freely given.
Tracking Technology used on Third Party Websites
The ICO recognises that all parties have a part to play in ensuring privacy compliance. If your website allows third parties to set cookies on a user’s device, such as through an advertising network or a streaming video service, both you and the third party jointly share the responsibility for ensuring that users are aware about the use of these files and that they provide the requisite consent. To ensure compliance, your third-party agreements should have appropriate contractual obligations in place which reflect the ICO’s Guidance.