My understanding of the rules, even with implied consent, is that you have to warn before the cookies are set. I have not looked into to this at detail, but from I looked at this: http://www.ico.gov.uk/Global/faqs/~...ractical_application/cookies_guidance_v3.ashx :
As I see it at Xenforo.com, I don't have to take any action before cookies are set, at first visit to xenforo.com/community (I deleted all the data before visiting, these cookies are set:
I am all for not making this too complicated, but I think a half baked solution that might or might not be in compliance is not in our interests.
For implied consent to work there has to be some action taken by the consenting individual from which their consent can be inferred. This might for example be visiting a website, moving from one page to another or clicking on a particular button. The key point, however, is that when taking this action the individual has to have a reasonable understanding that by doing so they are agreeing to cookies being set.
As I see it at Xenforo.com, I don't have to take any action before cookies are set, at first visit to xenforo.com/community (I deleted all the data before visiting, these cookies are set:
I am all for not making this too complicated, but I think a half baked solution that might or might not be in compliance is not in our interests.