Schedule 12, paragraph 2
Regulation 6(1) does not prevent a person storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user if the subscriber or user— is provided with clear and comprehensive information about the purpose of the storage or access, and gives consent to the storage or access. Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user for the same purpose on more than one occasion, it is sufficient that the requirements of sub-paragraph (1) are met in respect of the initial use. For the purposes of sub-paragraph (1)(b), the means by which the subscriber or user may signify consent include— amending or setting controls on the internet browser which the subscriber or user uses; using another application or programme.
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Source: legislation.gov.uk · retrieved 2026-09-04