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When the deadline for doing so passed in May 2011, only 4 or the 27 states had actually passed their laws, the UK being one of them. The UK government has been at pains to point out that it does not wholly agree with the EU directive, but has passed the law and set up an enforcement regime anyway.The EU itself has said it is not going to accept countries simply ignoring the rules.
We rule on eligible complaints, give guidance to individuals and organisations, and take appropriate action when the law is broken." The ICO are responsible for enforcing the cookie law in the UK.
In most cases it is the local Data Protection Authoity, but in some it is the telecoms regulator, or a business regulation organisation. Any website not compliant is open to enforcement action from the regulators.
In the UK the Information Commissioner's Office (ICO) is responsible for enforcement of the cookie law. In the UK for example the ICO has powers to force websites to change or it can impose a fine of up to £500,000 in the most serious cases.
However, this is not so much a problem with the law itself but the way it has been implemented.
Also, UK businesses that have a website aimed at a French audience, is required to make that site compliant with the French cookie law. Any business whose website is exclusively targeted to non-EU audiences will not have to comply. Many people have complained that cookie notices on websites are impacting the user experience without increasing privacy.