The EU Cookie law as it is now known has made over 90% of websites illegal.
So, what is it? how does it affect you? and most importantly, what should you as a web site owner do about it?
The new privacy law came into effect in May 2011, but a grace period of 12 months was given for organisations to take effective measures.
The law is intended to help protect people’s privacy by restricting the use of ‘cookies’ without explicit consent of users.
But what are ‘cookies’ and what to they do?
Cookies are small data files which a website will store on your computer in which some information will be kept. For example, if you search for ‘new cars’ in Google, they use a cookie to store this information and may use it later to target you with a car advert on another website because they remember who you are.
However, cookies are used for many things, for example: Analytics, Advertising, Conversion tracking, Anti-spam filtering, Load balancing, Social media plugins, User preferences, Add to basket, Login and most amusingly in relation to this law… Remembering whether cookies are allowed.
Given that most content management systems, analytics programs (including Google Analytics) and consequently websites utilise cookies liberally it means that without gaining the consent of users your site will be operating illegally.
So what needs to be done.
Many commentators are suggesting a ‘wait and see’ approach particularly because of the lack of clarity in the law, or any coherent direction from either the DCMS or the ICO, who are the two bodies in the UK responsible for writing and enforcing this law respectively.
The recommendation that all web sites using cookies should have a ‘pop-up’ type window or other to request consent from users is not generally being adhered to.
Meanwhile, regulators across the EU await a technical solution. This does not appear to be forthcoming. W3C the World Wide Web Consortium has announced the creation of a ‘Tracking Protection Working Group’ to address online privacy concerns but getting all players to agree on what standards should be adopted could yet be a sticking point. They have plans to publish standards as early as mid 2012.
For more information on this topic contact WSI on 02890 501 800 or the ICO at www.ico.gov.uk