This post was also written by Nick Tyler.

Now that the revised rules on cookies and consent are in force in the UK, there have been two developments that we want to bring to the attention of clients by way of an update of our earlier Client Alert:

• In an ‘open letter on the UK’s implementation of Article 5(3) of the e-Privacy Directive on cookies’ dated 24 May 2011 (the ‘DCMS letter’), the UK Department for Culture, Media and Sport (DCMS), in consultation with the UK Information Commissioner’s Office (ICO), clarified how the Amended Regulations should be interpreted and implemented, following legal issues raised by industry stakeholders.
• The ICO issued further guidance on how it will enforce the new cookie regime on 25 May 2011.

While the ICO guidance was anticipated, the DCMS letter was not. In our latest Client Alert we provide a summary of the key aspects of both these developments.

The UK is one of only a few EU countries to have implemented the revised e-Privacy Directive, and we shall be keeping a close eye on developments over the coming months to see whether the UK ‘recipe’ for revised cookie rules is followed elsewhere.