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In today’s tech-driven business world, businesses often use cookies to track user behaviour and enhance online advertising. In the United Kingdom, strict legal rules require organisations to provide detailed information about first-party cookies, commonly presented in a cookie policy. A cookie policy is a living document your business should refresh and update at certain junctures. This article will explore whether you need to refresh your cookie policy document.
What Are Cookies, and Which Law Governs Their Use?
A cookie is a small file stored on a user’s device, typically on a computer or phone. Cookies provide varying functions, allowing businesses to identify users and store information such as login details or preferences. Cookies come in various types, including essential, performance, functionality, and targeting cookies used for advertising.
The Privacy and Electronic Communications Regulations (PECR) govern cookie use in the United Kingdom. Some fundamental rules under PECR include the requirement for businesses to obtain user consent to use cookies and provide clear information about cookie usage. Therefore, companies commonly use cookie policies to comply with the PECR rules.
What Is the Purpose of a Cookie Policy?
A cookie policy is a document explaining a business’s use of cookies. The document also provides users with information about controlling cookie preferences.
Conducting a cookie audit with the help of developers is a valuable exercise to fully understand which cookies your business uses and disclose them accurately. Critical information in a cookie policy includes the types of cookies used, their purposes and duration, third-party access, and opt-out options.
Compliance with the UK General Data Protection Regulation rules is also necessary if cookies could identify individuals.
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Do I Need to Refresh My Cookie Policy?
You should remember to update your cookie policy document. Your business should regularly review its cookie policy and ensure it is updated when necessary.
The following scenarios may require the need to update your cookie policy:
Has Your Use of Cookies Changed?
You should update your cookie policy to reflect the use of new or existing cookies for different purposes. You should also ensure that your cookie policy information regarding third-party cookies is current. Your users need to be aware of changes in the use of cookies to make an informed decision.
Regular cookie audits with technical experts, such as website or app developers, can help you understand which cookies your platforms use from time to time. The UK data protection guidelines guide businesses to conduct regular cookie audits and reviews of any third-party services a website includes that might set cookies.
Have Your Cookie Preference Settings Changed?
You must inform users about how they can control the use of cookies to maintain transparency and respect their preferences.
If your cookie consent mechanisms change, promptly updating your cookie policy is vital. This ensures that users are accurately informed about their options for managing cookies on their devices.
Have Changes in Cookies Law Rules Occurred?
You must keep updated on all legal rules and regulatory guidance around cookies. This is an area on which the UK data protection regulator is closely focussing. You must, therefore, update your cookie policy to reflect any changes in legal rules around using cookies.
You can seek advice from a data protection lawyer to stay updated on the latest regulatory changes. A data protection lawyer can also help you update your cookie policy. This can ensure it complies with relevant and current laws.
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In summary, your business should regularly review and update your cookie policy. You should do this to ensure your cookie policy accurately reflects your current cookie practices and complies with current legal requirements.
Key Takeaways
Although cookies are standard tools for many businesses, adhering to the strict legal rules in the PECR regime when using them is crucial. Providing users with transparent and comprehensive information about cookie usage is vital. This information is typically presented through a cookie policy, presenting information on the different types of cookies used by a business and their functionalities.
Businesses must regularly update their cookie policies to reflect changes in company cookie usage. It is also necessary to keep up to date with developments in cookie law rules.
If you need help updating your 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.
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