In the digital age, privacy has become a growing and valid concern for individuals and organisations alike.
What are cookies?
Cookies are small text files that are stored on a user’s device when they browse a website. Cookies are used to remember a user’s preferences or actions, such as login credentials or shopping cart items. They can also be used to track a user’s browsing behaviour, such as the pages they visit or the links they click on.
There are two types of cookie: session cookies and persistent cookies. Session cookies are temporary cookies that are deleted when a user closes their browser. Persistent cookies are cookies that remain on a user’s device until they expire or are deleted.
Who must get cookie consent?
What is the Privacy and Electronic Communications Regulations (PECR)?
- Obtain explicit consent from users before using cookies; and
- Provide clear and comprehensive information about the purpose of the cookies.
The PECR also includes provisions relating to electronic marketing, including email marketing and SMS marketing. The PECR requires organizations to obtain prior consent continue from users before sending them electronic marketing messages, and it provides guidelines for obtaining consent and providing opt-out mechanisms.
The Information Commissioner’s Office (ICO) is responsible for enforcing the PECR in the UK. The ICO is an independent authority that promotes and enforces data protection and privacy laws in the UK. The ICO provides guidance to organizations on how to comply with the PECR and investigates complaints of non-compliance.
Organizations that fail to comply with the PECR may face enforcement action from the ICO, including fines and other penalties. The ICO has the power to issue fines of up to £500,000 for serious breaches of the PECR.
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