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Using Cookies in the EU? Are you ready for the 26 May 2012 deadline?
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Starting on 26 May 2012 the UK Information Commissioner’s Office (“ICO”) will begin enforcing sweeping changes to the EU cookie law put in place 12 months ago. By way of reminder, following a change to the EU’s Privacy and Electronic Communications Directive (the “E-Privacy Directive”) back in 2011, the rules on using cookies to track/store information on users are about to change.
Unless an exception applies, the new requirement essentially prohibits the use of cookies absent the consent of the user (unless the cookie is “strictly necessary”). The new rules apply regardless of where the website is based, if European personal data is collected.
In other words, a website operator over which the ICO has jurisdiction, wherever the operator is based in the world, will be unable to argue it was still getting its house in order if the ICO comes knocking.