What action could be taken for non-compliance?

There still appears to be a great deal of confusion around the implication of these regulations. No action will be taken by the Information Commissioner's Office (ICO) over the deadline miss - provided that website owners were "showing a commitment" to eventually making changes on their websites.

The ICO has suggested[1] that website owners who do not comply should at the very least demonstrate awareness of the laws and some kind of action plan.

Two recent points from the ICO to note:

  • The Information Commissioner's Office (ICO) said it would offer help to non-compliant sites rather than take legal action against them.
  • The ICO has also updated its policy to allow organisations to use "implied consent" to comply. This means users do not have to make an explicit choice. Instead, their continued use of a site would be taken to mean they are happy for information to be gathered.

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