Every time I visit a website and get the cookie banner, my mind goes to the film Bruce Almighty and the phrase “That’s the way the cookie crumbles” that Bruce Nolan used to sign off his broadcasts. However, despite the negative meaning of the phrase, the “implanting” on my computer of text files containing information, otherwise known as “cookies”, is not something that I have to accept as inevitable. I have an option to say no and choose which cookies (if any) I will allow the website operator to install on my computer.
But how do I know what type of cookies will be installed, what my rights are and how I can refuse their storage on my computer? A website that uses cookies has to provide the user with clear and comprehensive information about their use, how they are stored and accessed and get the user’s consent to do so. It is, therefore, the responsibility of the website operator to set these in a well drafted, clear and easily accessible cookie policy.
A cookie policy can be set in a layered format with a short notice or banner on the website linking the user to it or be directly approachable from a prominent place on the website. All the user has to do is review the cookie policy and then say yes/no to the storage of cookies on their computer. The website has to offer the user an easy way to do that, for example by an opt-in button in the short notice/banner together with a reject button and a button or link to where the user can manage their preferences.
The business’ privacy policy also has to refer to the cookie policy and have a link directing to it. Another way would be to incorporate the cookie policy in the privacy policy itself, which in turn has to be easily accessible via the website.
If you would like to have your business’ privacy and cookie policies reviewed or you are setting up your business’ website and are looking for well drafted policies and terms and conditions for your business our experience commercial solicitors can help you.
