In today’s digital-first world, cookies and privacy policies play a crucial role in how businesses manage data and maintain user trust. At Wright Hassall, we understand that navigating these regulations can be challenging, but with the right approach, compliance doesn’t just protect your business - it enhances your reputation. So, let’s get into it.
What are cookies, and why do they matter?
Cookies are small text files that websites place on your device - whether it’s your laptop, smartphone, or tablet.
They’re invisible to users, but they play a vital role in:
- Enhancing user experience: cookies remember preferences, save login details, and keep track of items in shopping carts.
- Improving site performance: they help websites run efficiently and deliver personalised content tailored to users.
Types of cookies to know
- Chocolate chip: only joking, just checking you’re still reading.
- Session cookies: these are temporary cookies that disappear when you close your browser.
- Persistent cookies: these remain on your device for a set duration, ensuring a smoother return visit.
While cookies bring clear benefits, they also collect data - some of which can be personal information.
This is where businesses (maybe like yours?) must tread carefully to ensure compliance.
The legal landscape: UK GDPR, PECR, and beyond
The use of cookies in the UK is regulated by:
- The UK General Data Protection Regulation (UK GDPR)
- The Data Protection Act 2018
- The Privacy and Electronic Communications Regulations (PECR)
So, what compliance steps should you take?
At Wright Hassall, we recommend the following key steps to ensure compliance:
Conduct a cookie audit
- Identify all cookies on your website.
- Categorise them by type and define their purpose.
- Confirm if personal data is being processed.
Implement Clear Cookie Consent
- Your cookie banner must provide users with clear, granular options to accept or reject cookies.
- Avoid pre-ticked boxes - consent must be active, not implied.
Maintain Transparency
- Ensure your cookie policy clearly explains what cookies are used, why they are used, and how users can manage preferences.
- Keep this information accurate and regularly updated.
And if you don’t do these things…
Failure to comply can lead to:
- Financial Penalties: The ICO (Information Commissioner’s Office) can issue fines of up to £500,000 under PECR, alongside more significant penalties under UK GDPR.
- Reputational Damage: Breaches of privacy erode customer trust and can have a lasting impact on your brand.
How can we help?
Our Commercial and Data Protection specialists can conduct a thorough cookie compliance audit, ensuring your practices meet all regulatory requirements and protect your business from unnecessary risks.
What about Privacy Policies?
A clear, comprehensive privacy policy is not just a legal requirement - it’s a cornerstone of trust between your business and its customers.
Under Article 12 of the UK GDPR, businesses must provide transparent, easily accessible information on:
- What personal data is collected
- Why it’s collected (e.g., marketing, analytics, fulfilling orders)
- Who it’s shared with, including third parties
What makes a perfect privacy policy?
At Wright Hassall, we help you develop privacy policies that cover:
- Personal Data Processing: Detailing how data is collected, stored, used, and shared.
- Third-Party Involvement: Informing users if their data is shared and for what purpose.
- User Rights: Highlighting users’ rights under GDPR, including access, correction, and deletion of their data.
The risks of getting it wrong
A poorly drafted privacy policy exposes your business to:
- Regulatory fines: Non-compliance can trigger GDPR penalties running into millions.
- Reputational harm: Customers expect clarity on how their data is handled; errors or omissions erode trust.
Our experienced team works with you to:
- Identify the data you collect and any third-party involvement.
- Craft a clear, compliant privacy policy tailored to your organisation.
- Ensure transparency while mitigating financial and reputational risks.
Why Partner with Wright Hassall?
Navigating cookie compliance and privacy regulations can seem daunting, but Wright Hassall is here to simplify the process. Don’t wait for a breach or penalty to act. Let Wright Hassall help you stay compliant, transparent, and trusted.
Get in touch with our Commercial and Data Protection team today to ensure your business is compliant and prepared for the future of data protection.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
