Website Cookie Policy Template

*Updated for GDPR*

Cookies are small data files that most website operators place on a user’s computer, usually on their browser or hard drive. Cookies may gather information about how the user uses the website or to allow the website to recognise the user each time they come back to the website. Cookies can also collect information about the user and their online habits and preference. This allows the website operator or a third party to understand more about the user. As a website operator, you have to explain to the user what cookies you use and what these do. Website operators must also obtain the users’ consent to the use of cookies. This consent can be implied, which means that the user does not actually give their consent but it is made clear to them that, for example by continuing to use the website, they agree to the cookie policy. This is done on the website pages, rather than in the cookie policy.

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Step-by-step guide

Let’s walk you through how to go about drafting the cookies policy for website, something you need if you own your own website and use any cookies on that site.

Follow these simple steps to ensure that you comply with your legal obligations…

1. Explain what cookies are.

2. Explain how you use cookies. This template assumes that the information you collect using the cookies on your website is for the functionality and performance of your website only. This means that you are collecting the information for your website and your business partners.

The cookie policy does not include information about the use of behavioural targeting cookies, which collect information about the websites that a user visits to allow advertisers to place targeted advertisements on websites that the user visits. If you use behavioural targeting cookies, the policy will need to be amended to explain how you use those cookies.

3. Explain what the cookies that you use on your website do and who sets these cookies. The cookie policy is drafted to include cookies set by you and by third parties that you work with, for example those who operate the payment system on your website.

As explained in 2 above, the policy is drafted on the basis that you do not use behavioural targeting cookies, but only session cookies and persistent cookies. If you use behavioural targeting cookies, the policy will need to be amended to explain what these are.

4. Finally the cookie policy contains a disclaimer explaining which categories the cookies fall within, which as explained above, in this policy, does not include behavioural targeting cookies.

Document drafted by:

Rachel McKinney LawBrief

Rachel McKinney is a barrister with approximately 17 years’ experience accumulated in both private practice and in-house. She has advised businesses ranging from small business owners to large multinationals across a number of sectors, financial services, pensions and the construction industry. She provides clear, succinct and commercially focused advice on the legal risk a client may face and how to mitigate against any such risk.

She advises upon a broad range of commercial issues including compliance with General Data Protection Regulation (GDPR), dispute resolution and the proactive management of litigation and drafting and negotiating a full range of commercial agreements.

As an experienced litigator, Rachel utilises her skills to identify legal issues quickly and to provide clear and pragmatic commercial solutions from the outset that clients might avoid incurring unnecessary costs. Working with SMEs clients it is vital to provide cost effective, pragmatic and commercially focused advice. She has successfully maximised profits and minimised financial exposure for SME clients.

In her own words… “I find working with SMEs truly rewarding. As a lawyer I can make a real difference to the business in the delivery of cost effective and commercially focused advice. I really enjoy working with business owners and becoming immersed in their business to understand their future aims and objectives. It gives me an opportunity to assist in the development of the business by providing commercial solutions to minimise legal risk. It is the best part of being a lawyer.“

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