Explicit permission to be required for cookie usage

[guccij]

Although it becomes EU law in May, the Information Commissioner accepted that there would need to be a period of grace in the UK. He suggested October as the effective start date in the UK.
I'm just going to add a link in the footer to our existing privacy page.

--edit--

As far as "Users should have the opportunity to refuse to have a cookie or similar device stored on their terminal equipment" is concerned, then consumers already have this option through their browser settings.

People will soon realise that without cookies, nothing will work properly without constant logging in and out, this community included.

[cbarling]

From the standard terms and conditions that ship with Actinic v10:

"Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' (in Internet Explorer) and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies."

Chris

[guccij]

More on this online today: http://www.bbc.co.uk/news/technology-12677534

Doesn't really say much new, just that enforcement won't start in May as no-one has a clue what the implications of this are yet.

[Duncan Rounding]

It makes interesting reading on the UK Business Forums: http://www.ukbusinessforums.co.uk/fo...d.php?t=198849

[Steve G Griggs]

Cookies.

From what I have read about this it seems to be:
1) Rushed and ill thought out (as usual)
2) At best a nightmare to enforce
3) How will it work if the required pop-ups are blocked?
4) It will make the majority of e-commerce sites very difficult to use.
5) Sites that retain preferences (such as the BBC News) will loose the facility, or it will become very difficult to use.
6) The "bad guys" won't take any notice, and will carry on as usual.
7) Will the average website visitor understand whats going on and what it's all about anyway.
It looks like the usual EU cock up to me.
It has the potential to harm the traders who do their best to comply with online/distance selling regulations, and not affect the rogue traders / tracking / spamming people very much.
Anyway it (hopefully) looks like the UK government is unlikely to adopt it any time soon from the latest on the BBC news website.

[Chunkford]

As I posted on UKBF, they're a bunch of bumbling idiots.
Anyone who has a say in this should at least have some online business background. The fact they are letting the Department for Culture, Media and Sport draft it up says it all really!

[Steve G Griggs]

Bumbling idiots is putting it mildly..I would put it stronger than that.
Definitely couldn't organize a p*** up in brewery.
The lunatics have taken over the asylum I think.
As for Duncan's comment about interesting reading, yes interesting but also depressing and disturbing that these ####### are in charge.

[Duncan Rounding]

I liked this related article: http://www.techdirt.com/articles/201...sparency.shtml

[Chunkford]

Bumbling idiots is putting it mildly..

I'd be banned if I really put how I feel

Have you guys seen this blog post - http://www.davidnaylor.co.uk/eu-cook...171496#respond

There's a post on there that basically says, if someone doesn't want cookies stored on their computer, then it's useless because they can't store a cookie to say no to cookies LOL

[Mike Hughes]

But you have to accept that there's a lot of nonsense discussed as well. I guess that's the problem of not having proper proposals in place by the time it gets discussed in public: People make up their own assumptions.

My own perspective is:

1. Yes, there is a problem with all the 3rd party ad tracking. 5 or 6 years ago I looked at laser eye surgery and about a year after that I had it done. Yet I still get bombarded by ads asking me if I'm "fed up with wearing glasses". No, I'm quite happy with my eyesight thank you but I am fed up with seeing these blooming ads!

2. Despite my browser supposedly 'blocking' 3rd party cookies this still happens. I assume the calling of javascript or tracking images from a 3rd party site means these are no longer 3rd party cookies. I've even deleted all the tracking cookies I can find but they come back again and still appear to know my history. So web browsers don't appear to be the solution.

3. I suspect there are sites out there that are linking the ad cookies with users data to make the connection between people and website usage, so I'm not convinced that all this tracking and advertising is anonymous either.

4. The proposal does appear to be that normal cookies required for the essential operation of a site (which includes cart items, tracking page views and operational stats, etc) are allowed without explicit consent and this would presumably include cookies to say 'I don't want non-essentail cookies'.

Bottom line?

1. Yes, this needed.

2. I doubt if it will be a problem for anyone running an actinic site.

Mike

[NickD]

More on this.

Our trade body, the WSTA (Wine and Spirit Trade Association) have picked up on this and have sent a circular email with more info:-

=============================================
(Start circular)

The WSTA attended a conference on the Privacy and Electronic Communications Directive where Ed Vaizey MP (Communications Minister) warned businesses of impending changes to EU legislation in relation to the use of 'cookies' by websites.

The new regulation is an amendment to the EU's Privacy and Electronic Communications Directive and is due to be transposed into UK law on 25 May 2011.

Article 5 of the Directive states that storing information on or accessing information already stored on an end user's terminal equipment is only allowed on the condition that the subscriber or user has given consent.

This pauses significant technical challenges and to date the only solution which has been indentified as compliant with the new rules is a change in internet browser settings which manufacturers are working on and is unlikely to be ready in time for the implementation date (according to the DCMS, who is responsible for this legislation).

The DCMS said that it would be advising the ICO (Information Commissioner's Office, who will be responsible for enforcing this legislation) not to take enforcement action against any company that was not in compliance with the law because of the delay to the "technical solutions".

The ICO has confirmed this, and added that they will expect organisations to at least review their use of cookies and to work towards compliance while technical solutions were being developed.

Find below a link to press releases issued by the ICO and the DCMS on this issue:
http://www.ico.gov.uk/~/media/docume..._08032011.ashx

http://www.culture.gov.uk/news/news_stories/7998.aspx

The WSTA will monitor any developments in this area and keep members informed of any official guidance when it becomes available.

(End Circular)
=============================================

I don't think it's going away any time soon, and I still think Actinic should have dialogue with the Information Commissioner to see if any of the approaches discussed on this board (or any other we may not have seen) are acceptable? I'm still worried by the prospect of the goons with clipboards from trading standards.

Nick

[Duncan Rounding]

I don't believe this will become law in May. There is far too many grey areas surrounding it and how it can be implemented - never mind enforced.

I'll first wait and see what the likes of Google and Amazon do about it.

[guccij]

It's going to happen guys. But the govt is going to work with browser "manufacturers" to see if a solution can be found which makes it easier to implement:

http://www.culture.gov.uk/news/news_stories/8052.aspx

and

http://twitter.com/#!/BBCRoryCJ/stat...49496129482752

[Duncan Rounding]

Good. It's the only way this could possibly be addressed.

[Sean Williams]

My tuppence worth ....
The Actinic standard T&C's already make the site's use of cookies clear.
I think the legislation is really only targeted at those using cookies to supply focussed advertising as people move around the internet.
We'll simply add a clause to our T&C's making it clear we don't do this.
Probably a 'Cookies' footer link as well.
Don't think there's much else one can do really.
Well done the EU - making a muddy mountain out of a molehill as usual.
And as for Cellan-Jones at the Beeb - I sometimes wonder if he's learned his knowledge of things internetty/broadband/ecommerce by reading dog-eared copies of Your Computer from the '70's, picked up from a car boot sale.