With the UK’s decision to leave the EU, questions arise about the fate of cookie consent on UK websites. Will Brexit mark the end of cookie consent requirements? The short answer is no. Despite Brexit, the obligation to obtain consent for cookies remains unchanged and will persist even after the official leave date.
While the basis of cookie consent law originates from an EU Directive, these rules have been enshrined into UK law through the Privacy and Electronic Communications Regulations (PECR). As long as PECR remains intact, cookie consent rules will remain in force in the UK.
However, the future of cookie consent may evolve with the implementation of the EU General Data Protection Regulation (GDPR). Despite Brexit, the GDPR will apply to the UK until the departure from the EU. Given that the GDPR considers cookies as personal data, it’s likely to impose stricter requirements on cookie consent, possibly necessitating opt-in consent rather than opt-out.
Even post-Brexit, aligning with GDPR standards will be crucial for the UK to facilitate data flows with the EU. Failure to do so could have significant economic repercussions. The UK Information Commissioner’s Office (ICO) has emphasized the importance of maintaining equivalent data protection standards.
In essence, cookie consent in the UK is here to stay and may even become more stringent in the future. Stay tuned as we explore these developments further in upcoming blog posts.
