Schedule 12 inserts new Schedule A1 to the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PEC Regulations’). This schedule sets out exceptions to the prohibition on the storage of information, or access to information, on a user’s terminal equipment in new regulation 6(1) of the PEC Regulations.
	Paragraph 1 of Schedule A1 sets out the meaning of "website" used in this schedule. It also cross-refers to regulation 6(2) which sets out interpretive provisions relevant to this schedule.
	Paragraph 2 of Schedule A1 reproduces the current consent exception in regulation 6(2) of the PEC Regulations. Organisations can store information or gain access to information stored in the terminal equipment of an individual, if the individual has been provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and the individual has given consent.
	Paragraph 3 of Schedule A1 reproduces the current transmission of a communication exception in regulation 6(4)(a) of the PEC Regulations.
	Paragraph 4(1) of Schedule A1 reproduces the current strictly necessary exception in regulation 6(4)(b) of the PEC Regulations. Sub-paragraph (2) provides a non-exhaustive list of examples of "strictly necessary" purposes for the purpose of this exception.
	Paragraph 5 of Schedule A1 introduces a new exception for the purpose of collecting statistical information about how an organisation’s information society service is used, with a view to making improvements to that service. For example, statistical information showing how many people are accessing a service, what they are clicking on and for how long they are staying on a particular web page. Sub-paragraph (1)(c) provides a safeguard that prevents onward sharing of information except where the sharing is for the purpose of making improvements to the service or website concerned. The exception applies only where the user is provided with clear and comprehensive information about the purpose and is given a simple and free means of objecting to the storage or access.
	Paragraph 6 of Schedule A1 introduces a new exception for the purpose of enabling the way an information society service ("ISS") appears or functions when displayed on a subscriber or user’s device, to adapt to the preferences of that subscriber or user - for example, their font preferences. Or, for the purpose of enabling an enhancement of the appearance or functionality of an ISS when displayed on a user’s device. This could be, for instance, where a cookie identifies performance-related information which can be used to optimise content, for example "responsive design" which enables a webpage to reconfigure itself for the particular dimensions of a monitor or screen. This exception only applies where the subscriber or user is provided with clear and comprehensive information about the purpose and is given a simple and free means of objecting to the storage or access.
	Paragraph 7 of Schedule A1 introduces a new exception where the sole purpose is to enable the geographical position of a subscriber or user to be ascertained so that assistance can be provided in response to the user or subscriber’s emergency communication from their terminal equipment.
Schedules Schedule 12: Storing information in the terminal equipment of a subscriber or user