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Do You Have The Correct Cookie & Privacy Notices?

I’ve seen some spectacular views of North Cornwall, North Devon and West Somerset this week, albeit on the internet.  But I’m feeling privileged to have setup my business here in Barnstaple; right in the heart of it and being able to see many of the same views personally.

With the 2017 season about to start; as part of my data protection & privacy business, I thought that I would research the plethora of websites, often used to highlight and attract potential visitors to the area.  I took a sample set of details off the internet from glamping, camping, self-catering, bed & breakfast establishments through to the 4-star and boutiques (yes, we have the full range).

I looked at the Cookie and Privacy notices/policies for those sites eliciting interaction with the site visitor seeking consent and or the collection of personal data. I checked them against the Information Commissioners Office (ICO) guidance for both.

The results, didn’t come as too much of a surprise to me, but there is obviously some confusion as to the Data Protection Act definitions and requirements of the Privacy and Electronic Communications Regulations.

I’ve highlighted the main definitions below, but please be aware that there are eight principles that need to be adhered to in the Data Protection Act 1998, and therefore your privacy policy may require more information to be given.

 

Cookies:-

  • tell people the cookies are there;
  • explain what the cookies are doing and why; and
  • get the person’s consent to store a cookie on their device.

Privacy:-

  • who the data controller is;
  • the purpose or purposes for which the information will be processed; and
  • any further information which is necessary in the specific circumstances to enable the processing to be fair.
Data Contoller:-
  • a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
Usually the client if the site was developed externally or by an agency.

If you are operating a business in the areas mentioned above or the greater South West of England, no matter what line of business and want clarification on the legislation, please let me know.

I would be more than happy to assist you with compliance for your business.

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