Schedule 12, paragraph 5

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 person provides an information society service, the sole purpose of the storage or access is to enable the person— to collect information for statistical purposes about how the service is used with a view to making improvements to the service, or to collect information for statistical purposes about how a website by means of which the service is provided is used with a view to making improvements to the website, any information that the storage or access enables the person to collect is not shared with any other person except for the purpose of enabling that other person to assist with making improvements to the service or website, the subscriber or user is provided with clear and comprehensive information about the purpose of the storage or access, and the subscriber or user is given a simple means of objecting, free of charge, to the storage or access and does not object. In sub-paragraph (1), the reference to gaining access to information stored in the terminal equipment of a subscriber or user does not include a reference to collecting or monitoring information automatically emitted by the terminal equipment. 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)(d) and (e) are met in respect of the initial use.

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Source: legislation.gov.uk · retrieved 2026-09-04