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On August 9, 2023, the UK’s Information Commissioner’s Office (ICO) and Competition and Markets Authority (CMA) released a joint position paper (the Paper) focused on “harmful” website design practices that may “trick” consumers into giving more access to their personal information. The Paper is targeted at web designers and developers, and it will be particularly relevant to consumer-facing organizations that target the UK market. It builds on joint work that the ICO and CMA have been engaged in since May 2021, when the regulators issued a joint statement promising a “joined up approach to regulation.” Announcing the Paper’s release, the ICO also revealed that it will be assessing cookie banners of the most frequently used websites in the UK, with a view to taking action against harmful designs.Continue Reading UK Regulators Signal Increased Focus on “Damaging” Website Design Practices

On July 5, 2019, the UK’s Data Protection Authority (ICO) issued its “Guidance on the use of cookies and similar technologies” (the Guidance) along with a brief explanatory blog post. At the same time the ICO updated its own website cookie notice and consent, leading by example. The ICO’s blog post makes clear that cookie compliance will increasingly be a regulatory priority, and that companies should start working towards compliance now.
Continue Reading The ICO Issues Its Cookies Guidance: Clarified Stance and Enforcement Priorities

On June 20, 2019, the UK’s Data Protection Authority (ICO) published a report on adtech and real-time bidding. The report highlights the main problems faced by the industry when applying the General Data Protection Regulation’s (GDPR’s) stringent requirements, and calls for further engagement on these issues by the different adtech players in the space.

Background

When the GDPR became effective on May 25, 2018, it imposed new and strict obligations on companies processing personal data. In the UK, the Privacy and Electronic Communications Regulations (PECR), which implements the EU e-Privacy Directive and will soon be replaced by the e-Privacy Regulation, complements the GDPR requirements. Both the GDPR and PECR govern how data is collected and further processed in the online advertising industry, including requiring notice and a legal basis for processing. The PECR specifically applies to the use of cookies and similar technologies and sets out the rules for consent to use these technologies.Continue Reading The ICO Publishes Its Stance on Adtech and Real-Time Bidding