To explain further it might be useful to unpack what we actually mean by the term “implied consent” remembering throughout that consent (whether it is implied or express) has to be a freely given, specific and informed indication of the individual’s wishes.
The Information Commissioner makes it clear that this is not an excuse to do nothing, users must be able to make a conscious and informed decision about cookies when using your site.
The BBC website has a notice at the top of their page which informs the user that by navigating to another page, they are giving their consent and the action of clicking another link or the dismiss / OK button on the banner is sufficient.
The EU Cookie Law is intended to prevent information being stored on people’s computers, or to be used to recognise them through the device they are using, without their knowledge or agreement.
The rules are not intended to restrict the use of particular technologies.
For example, when you visit a site it might store a cookie called ad.
When you visit another site, it might store another cookie similar to this.
Some examples are: First party cookies First party cookies are set by the same domain that you are visiting – for example to authenticate you with that site.
Third party cookies Third party cookies are set by websites other than the one you are visiting, and these tend to be in the ‘shady area’ when it comes to privacy.
Following on from my last blog post the 26th of May has passed and according to a recent KPMG study, 95% of companies have yet to comply with the legislation.
However, things DID change only hours before the compliance was due to come into force.
If I get some time, I may come up with a simple Share Point WSP providing the “basic” functionality if enough people want one.