‘Consent or pay’ cookie models allowed across UK websites
The use of “consent or pay” cookie models is now acceptable for UK websites, as long as data protection laws are met, says information watchdog.
The Information Commissioner’s Office (ICO) has announced that the UK’s top 1,000 websites will be brought into compliance over cookie policies.
Under this, it has produced guidance on using ‘consent or pay’ pop ups, after the model was rolled out across UK publishers such as the Independent and the Sun.
Previously, the ICO hadn’t banned the model as such, but had stressed the importance of freely given consent, which was unlikely if the fee was unreasonably high.
This has now been set in stone, yet publishers have to prove that the user has had the choice to consent.
This model refers to the choice presented to website users via pop up notice, asking them whether they either consent to be fed personalised ads from the site, or pay to avoid it.
UK websites will be granted the ability to use this function, as long as people are still granted the lawful choice of how their information is handled online.
This forms part of the watchdog’s regulatory expectations which websites must follow to comply with data protection laws.
The independent authority has already analysed the top 200 of these websites, and has aired concerns to 134 of them.
From Thursday, it will expand by cracking down on the UK’s top 1,000 websites, as well as connected TVs and mobile apps.
The ICO’s executive director of regulatory risk, Stephen Almond, wrote on Thursday, saying: “Tracking should work for everyone – giving people clear choices and confidence in how their information is used, while enabling businesses to operate fairly and responsibly.”
As uncontrolled tracking can be highly intrusive, the wrongful handling of that personal data can lead to serious harm.”
For example, Almond said, “gamblers are targeted with more betting ads due to their browsing history” just like “LGBTQ+ people altering their online behaviour for fear of unintended disclosure of their sexuality”.
To prevent this, the ICO will facilitate the process for publishers to adopt compliant and data-private business models.
“By combining advice, guidance and targeted enforcement, we aim to create an environment where businesses can succeed, and people can have trust and control over their online experiences”, he continued.
This announcement forms part of the watchdog’s wider online strategy, which broadly addresses and controls the harm that can arise from misused online tracking practices.
Within it, this new crackdown will work alongside a set of measures which support businesses to adopt safety precautions to grant their users their privacy control.
This announcement comes at a time of increased cyber security awareness, as data privacy incidents have become the biggest threat to UK business owners.
In a survey of over 500 UK business leaders, around 85 per cent reported having been through a crisis in the past year.