The problem is ambiguity, both in the law and in the ICO’s attitude towards the law. ICO Christopher Graham has said, there will be no “wave of knee-jerk formal enforcement action taken against people who are not yet compliant but trying to get there.” But he added, “if you have decided that this is all too difficult... that you will get around the law by wilfully misleading people... then we will be checking your site and we will take the necessary steps to ensure that you do work towards compliance.”
So for the moment, compliance with the new UK cookie law implies the ability to persuade the ICO that you will be doing something, and not necessarily that you have already done something. This will be a good thing for the UK government. “Last week the government admitted that most of its sites would not comply with the new rules in time. It said it was 'working to achieve compliance at the earliest possible date',” says the BBC.