When may browser settings be relied upon for the lawful application of cookies?

Question

Options

• AWhen a user rejects cookies that are strictly necessary.
• BWhen users are aware of the ability to adjust their settings.
• CWhen users are provided with information about which cookies have been set.
• DWhen it is impossible to bypass the choices made by users in their browser settings.

• A
  13% (3)
• B
  4% (1)
• C
  9% (2)
• D
  74% (17)

Explanation

According to the ICO guidance on the use of cookies and similar technologies1, browser settings and other control mechanisms can be relied upon for the lawful application of cookies only if they meet the following conditions: They are designed to protect users' privacy and provide them with control over the use of cookies and similar technologies; They are prominent and easy to use, and do not require users to take unnecessary steps or provide unnecessary information; They are specific and granular enough to allow users to express their preferences for different types and purposes of cookies and similar technologies; They are sufficiently informed and clear about the cookies and similar technologies that will be set or accessed, and the purposes for which they will be used; They are regularly reviewed and updated to reflect any changes in the cookies and similar technologies that are used or the purposes for which they are used; They are not overridden or circumvented by other software or settings that may interfere with users' choices; They provide an effective means of withdrawing consent at any time. Therefore, browser settings and other control mechanisms can be a valid way of obtaining consent for cookies and similar technologies, but only if they meet these high standards and ensure that users have a real and meaningful choice over the use of cookies and similar technologies on their devices.

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