Cookie Banner Rules
What are cookies?
The Court of Justice of the European Union (CJEU) has recently ruled that any consent box that are pre-checked within a cookie banner is not legally valid. If you currently have a cookie banner which involves a user having to untick a box to opt out of cookies, then you need to redesign the banner.
The new guidelines the ICO have released also includes the following information that businesses should adhere to:
You can never imply that a customer has provided consent. - Avoid using statements such as “by continuing to use this website you are agreeing to cookies”. Statements such as these do not comply with GDPR (General Data Protection Regulation) which requires the customer to clearly state they want to be part of it. Pre ticked boxes, and sliders defaulted to ‘on’ are also not allowed if the cookies are not essential.
Cookie walls are not allowed- You cannot use cookie walls which restrict access to a service until the customer consents to cookies. This is because the customer has no genuine choice to opt out, even if they wanted to.