- Implied consent is a valid form of consent and can be used in the context of compliance with the revised rules on cookies;
- If you are relying on implied consent you need to be satisfied that your users understand that their actions will result in cookies being set. Without this understanding you do not have their informed consent;
- In some circumstances, for example where you are collecting sensitive personal data such as information about an identifiable individual’s health, data protection law might require you to obtain explicit consent.
The regulations have been comprehensively updated by the General Data Protection Regulation (GDPR), which takes full effect on 25 May 2018. In effect, the GDPR will mean that any cookie which allows a user's device to be identified will be treated as being 'personal data' and this subject to regulation by the GDPR and specific consent will need to be given
A 'session cookie' exists only to make website functions work for the duration of a browser's session. These are anonymous and are not therefore wihin the scope of the GDPR.