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Irish DPC issue full guidance on the use of Cookies

The Irish Data Protection Commission has released a new guidance on the use of cookies and other tracking technologies.

The guidance is the result of a sweep on 38 websites in Ireland which showed that users of Irish websites “are being tracked by third parties to a significant degree across their browsing habits and daily online activities”.

Data controllers and website operators are allowed a six-month grace period to comply with the requirements before enforcements are commenced.

Read the full report here.

Six main points from the document

1 All cookies require consent except strictly necessary cookies and cookies used for communication. Analytics Marketing cookies always require consent.

2 Consent must be reaffirmed within 6 months and must be given to each cookie purpose (e.g. statistics, functional, marketing).

3 Pre-checked boxes and implied consent is not allowed. Websites may not assume that users give consent merely by scrolling down the website or has seen information in a cookie pop-up.

4 Cookie pop-ups must give users the option to decline cookies. Pop-ups only with ‘accept’ buttons are not compliant.

5 Cookie pop-ups may not ‘nudge’ users into accepting cookies or make it difficult to reject cookies.

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