On 1 July 2011 new laws took effect in Ireland that implement into Irish law requirements and restrictions on the use of Cookies, for example, in websites and mobile phone applications. The implementing law is the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011.

As stated in our previous article on this topic (please click here), it was anticipated that the Cookie Regulations, website users generally have to “opt in” or consent to cookies being stored on their computers before a website can place a cookie on ones computer.

The UK transposed its comparative legislation on time. However, the UK Information Commissioner’s Office (ICO) (which is responsible for enforcement of the equivalent UK laws) has declined to introduce initial strict application of the UK laws stating it “recognises that, in many cases, implementation of the rule requiring consent for cookies will be challenging for organisations”. While the ICO cannot exempt organisations from the requirements of the new legislation, it is allowing a lead in period of 12 months to allow website operators and other relevant companies to make necessary provisions in order to comply with the new legislation.

The Office of the Data Protection Commissioner (ODPC) has not to date introduced a similar lead in period in Ireland. The OPDC has published guidance to assist relevant parties in complying with the new provisions. However, this guidance makes no reference to the introduction of a lead in period.

Website operators and other interested parties are keenly following how the Cookie Regulations will be interpreted and enforced in Ireland in light of the need to obtain website user consent each time a cookie is placed on a website user’s computer. Many such parties have concerns in relation to the practical implications of complying with such obligations.

Contributed by Leo Moore.