Eitan Jankelewitz - Solicitor, Media and Technology Department at Marriott Harrison
3 Consider how intrusive the cookies are to a user’s privacy (intrusiveness being judged from the perspective of the website user). Clearly, cookies intended to minimise internet fraud would be considered less intrusive than cookies to enable advertising by behavioural retargeting.
5 Pop-ups requesting users to confirm whether or not they accept cookies are the most effective way of obtaining consent, but may spoil the experience of using the website. Alternatively, retailers’ websites may be able to use a banner to request consent. This banner need not prevent website users from accessing other areas of the website if they fail to provide a response. This banner should be repeated on other pages of the website, but perhaps in a smaller format, until the website user has indicated whether or not they are willing to accept cookies.
6 Any new websites or software in development should take into account the new regulations and be designed with minimal reliance on cookies.