Your website or service needs to provide clear and comprehensive information to users prior to the setting of any cookies or tracking. In practice, most organisations choose to implement a banner, interstitial (an interactive page that usually loads between one page a visitor stops on and the next or within a page as a user scrolls) or pop-up that enables the provision of information to users and also the management of their cookie consent preferences.

Yes. However, there are some types of cookies that are exempt from the requirement to obtain consent but these are limited to two specific uses.

The types of cookies that are exempt from the need to get user consent are:

1. Strictly necessary exemption – cookies that are strictly necessary in order to provide the information society service explicitly requested by the user. These include cookies such as the ones that allow an online shopping cart to remember the items the user has placed in it.

There is a common misunderstanding that cookies are regulated by the General Data Protection Regulation (GDPR). In fact, the law on cookies mainly comes from the EU ePrivacy Directive of 2002, as amended in 2009. There have been steps at EU level over almost a decade to replace the ePrivacy Directive with a new ePrivacy Regulation, which would apply directly and consistently in all Member States. However, as of now there has been no agreement on this proposed legislation. The provisions of the ePrivacy Directive therefore continue to apply to the use of cookies and similar tracking.

Cookies are usually small text files stored on a device, such as a personal computer (PC), a mobile device or any other device that can store information. Devices that may use cookies also include so-called ‘Internet of Things’ (IoT) devices that connect to the internet, such as smart TVs.

Since 2004, registration authorities are required to publish two versions of the Electoral Register – the 'full' register and the 'edited' register. The 'full register' lists everyone who is entitled to vote and can only be used for an electoral or other statutory purpose.

The 'edited register' contains the names and addresses of persons whose details can be used for a purpose other than an electoral or other statutory purpose, for example, for direct marketing use by a commercial or other organisation. To opt-out of the ‘edited register’ you need to contact your local authority.

This depends on the way the scheme operates. It is more likely to be acceptable if the content of the message is determined solely by the sending customer.This depends on the way the scheme operates. It is more likely to be acceptable if the content of the message is determined solely by the sending customer.

It is an offence under the ePrivacy Regulations (SI 336 of 2011) to send an unsolicited marketing message to someone where there is no existing customer relationship. The onus is on the sender to show that the recipient has consented to the receipt of such messages. It is difficult to see how the operation of a "refer a friend" facility could meet this requirement.

A complaint can either be made to this office (who may prosecute persistent offenders) or to the Commission for Communication Regulation (ComReg), who may issue enforceable directions against certain bodies.
 

Those wishing to complain to ComReg should phone their consumer line at (01) 8049668 or visit the ComReg website.

This should be done in the standard way by writing to the organisation (data controller) and explaining the circumstances. In the vast majority of cases, this will be respected, as the data controller will have no business case for continuing to send direct marketing in such cases.

Yes, unless you instruct these people that you do not wish to receive marketing calls from them on your landline telephone number, they can rely on consent arising from any consent you may have given as part of that existing relationship to market you regardless of what preference may be recorded in the National Directory Database.