The UK’s data protection regulator, the ICO, issued a Statement this week proposing a clamp down on the UK’s “top websites” which they have identified as having non-compliant cookie consent boxes. Specifically, the ICO has concerns with sites which make it difficult for users to opt out of non-essential cookies which are typically used for personalised or targeted advertising. The ICO expects to see a clear “Reject All” cookie button, alongside an “Accept All” button in the top layer of any cookie banner, rather than requiring the user to click to further layers to set their preferences. Those receiving a warning have 30 days to rectify their cookie banners or face enforcement action.

Cookie banners are available for the regulator to view at the click of a button and a brief survey undertaken by us suggests many organisations fall short. Therefore consumer-facing organisations should check their websites and look to remediate to avoid potential enforcement risk.