UK - New ICO guidance on the use of cookies and similar technologies

On 3 July 2019 the ICO published its new Guidance on the use of cookies and similar technologies which complements the ICO's guidance on cookies in its Guide to PECR.

The Guidance clarifies the requirements for the use of cookies especially concerning user's consent and transparency:

• Non-essential cookies (e.g. analytics cookies, advertising cookies):
  "The user must take a clear and positive action to give their consent to non-essential cookies – continuing to use your website does not constitute valid consent."
  (Guidance, p. 11)
• Third Party Cookies:
  "Where a website sets third-party cookies, both the website and the third party have a responsibility for ensuring users are clearly informed about cookies and for obtaining consent."
  (Guidance, p. 34)

ICO., Guidance on the use of cookies and similar technologies, 3 July 2019, p. 1-47