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New cookie facilities do not show duration needed for clear and valid informed consent

The Old Man

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Dear IPS,

Thank you for adding a Reject button to the cookie banner.

Please can improve the new cookie compliance functionality further to include the duration of the cookies, so that it is clearly stated in order to obtain valid consent?

Reasoning behind this:

Example Reference: https://ico.org.uk/for-organisations/direct-marketing-and-electronic-communications/guide-to-pecr/guidance-on-the-use-of-cookies-and-similar-technologies/how-do-we-comply-with-the-cookie-rules/#comply4


How do we tell people about cookies?

To comply with the information requirements of PECR, you need to make sure users will see clear information about cookies. In any case, doing so will increase levels of user awareness and control, and also assist in gaining valid consent.

You also need to tell people about the purposes and duration of the cookies you use.

Example reference: https://ico.org.uk/for-organisations/direct-marketing-and-electronic-communications/guide-to-pecr/guidance-on-the-use-of-cookies-and-similar-technologies/what-are-the-rules-on-cookies-and-similar-technologies/#rules4


What does ‘clear and comprehensive information’ mean?

PECR does not define what ‘clear and comprehensive information’ means. However, Article 5(3) of the ePrivacy Directive says that clear and comprehensive information should be provided ‘in accordance with’ data protection law.

This relates to the UK GDPR’s transparency requirements and the right to be informed. It means that when you set cookies you must provide the same kind of information to users and subscribers as you would do when processing their personal data (and, in some cases, your use of cookies will involve the processing of personal data anyway).

The information has to cover:

  • the cookies you intend to use; 
  • the purposes for which you intend to use them;
  • any third parties who may also process information stored in or accessed from the user’s device; and
  • the duration of any cookies you wish to set.

Secondly for users using a separate service such as CookieYes, the cookie link still shows and takes users to the IPS cookie page even though it’s being used. This is confusing to site users.

Thank you.

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