Crest
Isle of Man Government
Reiltys Ellan Vannin
Isle of Man Government Crest

O.D.P.S.

Office of the Data Protection SupervisorOffice of the Data Protection SupervisorOik Oaseir Coadey Fysseree Ellan Vannin

Changes to the EU Privacy and Electronic Communications ('Cookie')Directive

Changes to the Directive 2002/58/EC are effective from 26th May 2011. These changes include a requirement to obtain consent for cookies and notification of any personal data breaches where that personal data is processed in connection with the provision of a public electronic communciations system.

These changes do not affect the Isle of Man Unsolicited Communications Regulations as drafted and there is currently no intention to amend the Regulations.

However, the changes required reflect what will effectively be considered best practice, and voluntary adoption by organisations in the Isle of Man may be appropriate.

The Supervisor will monitor the effect of the changes in the UK and EU, and any potential circumvention of the requirements through the Island. If considered necessary, the Supervisor may seek Tynwald approval for amended Regulations.

This Office has not produced any guidance on the implementation of the changes to the Directive, nor the effect of the changes to Regulations in the UK.

However, guidance has been produced by several bodies in the UK, including the Information Commissioner's Office and the UK Department for Culture, Media and Sport.

The Internet Advertising Bureau has also developed a "European self-regulatory Framework for Online Behavioural Advertising", a voluntary code of practice which has been signed up to by companies such as Yahoo!,Google,orange, BBC, AOL and many others, prior to the implementation of the changes.

Information, which this Office believes will provide relevant guidance, can be found below. Relevant updates will be added.

If you are concerned as to whether your organisation may be required to comply with the changes in the Directive, you should consult your Advocate to seek legal advice.

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15 June 2012

The Article 29 Working Party adopted Opinion 04/2012 on Cookie Consent Exemption on June 7 2012. This can be found by following this link. Pinsent Masons have issued an article relating to this Opinion which sets out the implications for website owners. This can be viewed here.

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29 May 2012

The ICO has issued updated advice and guidance on changes to the EU cookie law . See the ICO's webpage for details.

A copy of the latest guidance for organisation which can be found by following this link and cookies advice for members of the public can be found here.

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April 2012

The International Chamber of Commerce UK (ICC UK) has released its "ICC UK Cookie Guide". The guide is designed to help website operators to provide information to users in language they can understand and enable users to make an informed choice. This guide is available by following this link.

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December 2011

The Information Commissioner has issued guidance on the new cookies Regulations. These can be viewed by following this link.

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   Main website
Information Commissioner's Office Specific website section
  Press Release 25 May 2011
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   Main website
UK Dept. of Culture, Media and Sport Press Release 25 May 2011
  Open letter to the online industry 24 May 2011
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   Main website
  Specific website section
Internet Advertising Bureau European self-regulatory Framework for ONline Behavioural Advertising
  Your Online Choices - consumer guide
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   Directive 2002/58/EC
Legislation UK Privacy and Electronic Communications (EC Directive) Regulations 2003
  UK Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011
  Directive 2009/136/EC
  Directive 2002/22/EC
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