In the UK, the use of cookies on websites is regulated by the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended). Cookies are also affected by the General Data Protection Regulation.
This policy can be used to help you comply with the information disclosure requirements in that legislation relating to cookies.
The policy should be used in conjunction with, or as an element of, a privacy policy.
To use this template, you will need to know something about the cookies employed on the website. Specifically, you may need to know the name/ID of each cookie and the purpose for which each cookie is used.
The inclusion of this statement in your policy will not in itself satisfy the requirements of the EU's ePrivacy Directive or the UK's Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies.
Directive 2002/58/EC (Directive on privacy and electronic communications) - https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32002L0058&from=EN
Privacy and Electronic Communications (EC Directive) Regulations 2003 (original form) - http://www.legislation.gov.uk/uksi/2003/2426/made
Cookies and similar technologies, Guide to PECR, UK Information Commissioner's Office - https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/
Under EU law, there are two additional requirements in relation to the use of cookies and similar technologies, which apply over-and-above the rules regulating the processing of personal data: a consent requirement and an information disclosure requirement. The provisions of this document relating to cookies are designed to aid compliance with the information disclosure requirement.
This requirement derives from Article 5(3) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), which provides that:
"Member States shall ensure that the use of electronic communications networks to store information or to gain access to information stored in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing, and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user."
The requirement was implemented in the UK in the Privacy and Electronic Communications (EC Directive) Regulations 2003. In its current (amended) form, Regulation 6 states:
"(1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment - (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent.
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.
(4) Paragraph (1) shall not apply to the technical storage of, or access to, information - (a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user."
In their original form, these Regulations can be found on the legislation.gov.uk website.
Directive 2002/58/EC (Directive on privacy and electronic communications) - https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32002L0058&from=EN
Privacy and Electronic Communications (EC Directive) Regulations 2003 (original form) - http://www.legislation.gov.uk/uksi/2003/2426/made
Optional element.
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Does the website serve any third-party cookies, analytics cookies, or tracking cookies to users?
Optional element.
Optional element. Will Google advertisements be published on the website?
Note: Google's has particular privacy notification requirements in relation to the publication of Google advertisements on a website.
Required content, AdSense Help, Google, Inc - https://support.google.com/adsense/answer/1348695?hl=en-GB
Optional element. Will the website use a Meta pixel?
Optional element.
Optional element. Will the blocking of cookies have a negative effect upon the use of the website from a user perspective?
Are there any cookie preference management facilities available to users on the website?
Identify the web page users should visit to manage their cookie preferences.
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The provisions here reflect a mixture of EU law and UK law requirements relating to contact information.
All services covered by the Ecommerce Directive (which was implemented in the UK through the Electronic Commerce (EC Directive) Regulations 2002) must provide a name, a geographic address (not a P.O. Box number), and an email address.
Under distinct UK legislation, UK companies must provide their corporate names, their registration numbers, their place of registration, and their registered office address on their websites (although not necessarily in this document). Sole traders and partnerships that carry on a business in the UK under a "business name" (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain additional disclosures: (a) in the case of a sole trader, the individual's name; (b) in the case of a partnership, the name of each member of the partnership; and (c) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.
Electronic Commerce (EC Directive) Regulations 2002 (original version) - https://www.legislation.gov.uk/uksi/2002/2013/made
Provision of Services Regulations 2009 - https://www.legislation.gov.uk/uksi/2009/2999
Directive 2000/31/EC (Directive on electronic commerce) - https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32000L0031
What is the name of the company, partnership, individual, or other legal person or entity that owns and operates the website?
Optional element. Is the relevant person a company?
In what jurisdiction is the company registered?
What is the company's registration number or equivalent?
Where is the company's registered address?
Optional element.
Where is the relevant person's head office or principal place of business?
Optional element.
By what means may the relevant person be contacted?
Where is the relevant person's postal address published?
Either specify a telephone number or give details of where the relevant number may be found.
Either specify an email address or give details of where the relevant email address may be found.