Table of Contents
Cookies are a common tool which businesses deploy on user devices in our rapidly evolving technological landscape. Tech-savvy businesses often use cookies to improve user experience and display targeted advertising. Whilst a regular tool, it is essential to note that various legal rules apply when using cookies. For example, users need detailed information about using cookies on their devices. Businesses commonly present this in a cookie policy document. This article will explore who should help your business prepare a cookie policy which complies with cookie law rules.
What Are Cookies?
A cookie is a small text file stored on a user’s device, like a computer or phone. Cookies help businesses identify users and store information such as login details or preferences. Businesses deploy cookies for different purposes, such as targeting ads based on user browsing history.
There are different types of cookies, including:
- essential or strictly necessary cookies;
- performance or analytical cookies;
- functionality cookies; and
- targeting or advertising cookies.
Businesses use cookies in various ways, from remembering customer preferences to efficiently managing e-commerce shopping baskets.
The primary law governing cookie use for UK businesses is the Privacy and Electronic Communications Regulations (PECR). PECR requires businesses to obtain user consent before placing cookies on their devices and provide clear information about cookie usage. The UK’s data protection regulator, the ICO, recommends informing users about cookies as best practice. Hence, cookie policies and banners are commonly visible on most websites.
Why is a Cookie Policy Important?
A cookie policy is a crucial document that provides detailed information about cookies, explaining the various types a business uses so users are adequately informed.
This guide sets out how to set up, finance and grow an online business in the UK.
Businesses must offer clear and user-friendly information about cookies, ensuring transparency. Providing comprehensive details about the types, purposes, duration, and third-party access to cookies is essential. Additionally, businesses should facilitate user control over cookie usage, typically through cookie preference centres.
Essential information to include in a cookie policy includes details regarding:
- the types of cookies used;
- the purposes of essential and non-essential cookies;
- the duration of cookie usage;
- third-party access to cookies; and
- instructions for managing cookie preferences and opting out.
The PECR and privacy laws set out various requirements that your business must meet when drafting cookie policies.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Who Can Help Prepare My Cookie Policy?
Cookie policies can be complex documents to prepare. They require a solid technical understanding of the cookies you deploy and a clear understanding of the legal rules surrounding cookies.
The following teams can support you with preparing a cookie policy:
Working With a Data Protection Lawyer
A data protection lawyer can help you draft a cookie policy tailored to comply with the PECR rules. If your cookies collect personal data from users, further considerations will apply under the UK GDPR data protection law rules. A lawyer can advise you on compliance with these rules, too.
A lawyer can also guide you on the UK data protection regulator’s guidance on best practices for cookie policy documents. Cookie law breaches are a crucial area of concern, and the regulator has taken a range of enforcement action against businesses that breach PECR’s cookie law rules. A lawyer can guide you on the latest developments and keep you abreast of any legal changes you must be aware of. This can help ensure your business complies with cookie law rules and avoids regulatory action.
In addition to preparing a cookie policy that is compliant, a lawyer can advise you on other complicated cookie-related legal rules, such as cookie consent banners and obtaining valid consent for cookies, as cookie consent compliance is also vital.
Overall, working with an experienced lawyer can add significant value and give you comfort that your cookie policy meets stringent legal requirements.
Working With Technical Experts
A cookie policy must provide transparent and detailed information about cookies. Working with technical experts, such as website or app developers, can help achieve this.
Working with technical experts can help improve the quality and usefulness of your cookie policy. As a business owner without technical expertise, you may otherwise not understand which cookies your platform uses and how they work. Technical experts can help you by running a cookie audit to understand which cookies your business deploys across its various platforms – websites, webpages, or mobile apps. They can help you gauge the purpose of each kind of cookie you use to correctly describe this in your cookie policy.
Technical experts can also help you understand the practical options for cookie consent mechanisms and implement mechanisms to help you comply with stringent legal rules. Cookie opt-out mechanisms are fundamental so users have fair choices.
Unfortunately, many businesses struggle to meet the stringent legal rules required for cookie policies to be compliant. Common pitfalls include incorrectly describing the types of cookies used and their purposes. Cookie preferences are also a key area where businesses tend to fall foul. Given the data protection regulator’s increased scrutiny over cookie law compliance, complying with the legal rules is essential.
Working with legal and technical experts can add significant value to your business and give you comfort that your cookie policy documentation is compliant.
Key Takeaways
When using cookies, cookie law rules and legal requirements can be complex. A cookie policy is a vital document to help demonstrate compliance with cookie law rules. A cookie policy must contain detailed information about how cookies operate and what they do.
Working with data protection lawyers and technical experts can help ensure your cookie policy is compliant. Engaging with these experts can combine detailed legal expertise on cookie law rules with technical knowledge. Working with such experts gives you peace of mind that your cookie policy accurately reflects legal requirements, enhances user transparency and control, and minimises the risk of regulatory action against your business.
If you need help with a cookie policy, LegalVision’s experienced data, privacy, and IT lawyers can assist you as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
We appreciate your feedback – your submission has been successfully received.
