Ireland updates cookie use guidances

The Irish Data Protection Commissioner published December 19, 2013 updated cookies guidance that includes examples of consent mechanisms. The Commissioner indicated that consent can be obtained either

  1. explicitly through the use of an opt-in check box, or
  2. implicitly, meaning that the user must be notified that continued use of the website will qualify as consent to the use of cookies which is what many of the other EU data protection commissioners consider as well.

Consent should be gained  by means of

  1. prominent notification” displayed upon entry to a websitepeace wall and flag in Clonard Martyrs Memorial Garden
  2. and the notification must contain a link to a cookie policy that outlines in greater detail how the website uses cookies. This includes:
    • Clear and comprehensive information;
    • Itemized cookie types, including their purpose, e.g., preferences such as language or font, browsing and search history, tracking, session security, and use of any third party cookies; and
    • Instructions on how to disable cookies.

In case of third party cookies, the Commissioner recommends that a table is included listing all cookies and the following details:

  • Type;
  • Name;
  • A description of their purpose;
  • Their expiry dates; and
  • Links to advertising networks’ opt-out mechanisms for third party cookies.  The website operator will be regarded as a joint data controller alongside the advertising network.

The updated guidance is available on the website of the Irish Data Protection Commissioner http://www.dataprotection.ie/viewdoc.asp?m=&fn=/documents/FAQ2012/Topical_Data_Proctection_Issues.htm#cookies

Thanks to the Email Sender and Provider Coalition (ESPC) for sending out this information to it’s membership. Come join us and get this sort of regular updates on changing legislation and policies.

-Dennis

photo by: Anosmia

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