By Dave Bancroft September 4, 2012
More sites are starting to add functionality in order to become compliant with the "Cookie Law" that is now in effect. Early solutions that sought "Explicit Consent" (as per compliance with original ICO guidelines) are now being overtaken by "Implied Consent" solutions, due to an 11th hour change by the ICO in the guidelines, (download) .
They say "Implied consent is certainly a valid form of consent but those who seek to rely on it should not see it as an easy way out or use the term as a euphemism for “doing nothing......it would still be necessary to follow the steps set out in the Information Commissioner’s existing guidance.
...For implied consent to work there has to be some action taken by the consenting individual from which their consent can be inferred. This might for example be visiting a website, moving from one page to another or clicking on a particular button. The key point, however, is that when taking this action the individual has to have a reasonable understanding that by doing so they are agreeing to cookies being set."
With this in mind, we now have developed an alternate to our "explicit consent" solutions, to cater for clients who want an "implied consent" solutions.
Fingers crossed that the ICO don't have any more changes of interpretation in the pipeline.