If your setting’s website uses cookies, you may become a target for claims by opportunists alleging that your use of cookies breaches their data protection rights, and that you owe them compensation as a result.
What are cookies?
Cookies are small text files that are downloaded onto your device by websites that you visit. They have a number of purposes, including distinguishing you from other visitors and remembering your preferences. It is thanks to cookie technology that you will often notice a product that you have browsed on one website appearing in an advert elsewhere.
What does the law say about cookies?
If your website uses cookies, you are required by law to tell visitors, explain what the cookies are doing and to get their consent before placing the cookie on their device.
In practice, when using all but strictly essential cookies, you will need to include a policy on your website that provides details of the cookies in question, as well as a pop-up banner which requires the visitor to click.
Similar technologies such as tracking pixels are grouped together with cookies for the purposes of the law.
What are these claims?
Opportunists are sending letters to the owners of websites claiming compensation for ‘loss of control of personal data and distress caused’ as a result of non-compliant use of cookies.
Unfortunately, while these claims are often disingenuous, the legal reasoning behind them may be valid. This means that responding to such claims can be challenging, leading to significant time and financial cost.
What can I do to protect my business?
Ensure your website contains an unequivocal cookie consent mechanism and policy.
- For further advice, contact: rgwent@morganlaroche.com