The Irish Data Protection Agency has clarified that website operators in Ireland using Google Analytics to collect information from website visitors do not need to obtain “explicit separate consent” from visitors. However, according to the Irish DPA, website operators should generally disclose the use of cookies on the website, including the use of analytics technology. The Irish DPA’s clarification comes in response to the implementation of its new rules pursuant to modifications at the EU level about use of cookies. The Irish approach appears to differ from other European countries.
TIP: There is still time before this new EU framework goes into effect, and it may change several times over the next few years. Nevertheless, companies that are subject to EU requirements may want to examine their current practices to get a sense of what steps would need to be taken to come into compliance, in particular with the data breach and consent provisions.
