How to guide: Mobile and cookies legislation

From 26th May 2011 additional measures generally referred to as ‘cookies regulations’ came into force as part of an update of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR).

Recognising implementation issues, the ICO has set a deadline of May 2012 before they start to enforce fully the Regulations insofar as they apply to the use of cookies and similar technology.

This paper looks at the legal, compliance, technical and best practice issues around the Regulations in relation to mobile devices.

Prior to the new Regulations, brands were required to provide "clear and comprehensive information" (for instance by a privacy policy or terms and conditions) about the purposes of any cookies or similar technology which they used to access or store information on any "terminal equipment" (including mobile devices). These cookies etc might be used to track, store, retrieve or use information from users' visits to their websites and/or how they respond to emails. Cookie users were also obliged by law to provide users with an opportunity to refuse the operation of this technology.

mobile_and_cookies_legislation.pdf