Many websites rely on implied consent to set cookies notwithstanding the fact that website cookies require the same opt-in consent as marketing emails. The UK Information Commissioner's Office (ICO) has made it clear in its new guidance that "opt-in"' consent must be obtained to set non-essential cookies, such as analytics cookies.
Our team has published an alert which explains the ICO's interpretation of the rules relating to cookies in the UK and what this means in practice for online businesses. The alert may be accessed here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.