Changes to the EU Privacy and Electronic Communications ('Cookie')Directive
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.
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.
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.
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.
The Information Commissioner has issued guidance on the new cookies Regulations. These can be viewed by following this link.
Material on the Information Commissioner's site is independent of that hosted by the Isle of Man Government and is protected by copyright. The copyright owner is the Isle of Man Information Commissioner. You may not make alterations or additions to the material on this site, or sell it or misappropriate it. Material may be downloaded or copied for personal use. However, appropriate acknowledgement of the copyright owner is required if material is re-published in any format.
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