Analytics cookies in the crossfire.

Different approaches set forth in the CNIL Guidance and in the ICO cookie guidance.

CNIL – Set list of terms to qualify for an exemption from the need to obtain consent.

ICO – This is a non-essential cookie and consent is needed … BUT … unlikely to prioritize enforcement of this. “It is unlikely that priority for any formal action would be given to uses of cookies where there is a low level of intrusiveness and low risk of harm to individuals.”

“The ICO will consider whether you can demonstrate that you have done everything you can to clearly inform users about the cookies in question and to provide them with clear details of how to make choices. For example, the ICO is unlikely to prioritize first party cookies used for analytics purposes where these have a low privacy risk, or those that merely support the accessibility of sites and services, for regulatory action.”

Read the full ICO document.

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