New U.K rules for use of cookies 26 May 2011 - response from actinic pls?

[bangers]

Hi All,
Just been sent from client who runs HRBullets - Employment law updates:

New law applying to use of cookies from May 26th 2011

New law due 26 may 2011.

Put the willies up me first of all then read on:

The only exception to this rule is if what you are doing is ‘strictly necessary’ for a service requested by the user. This exception is a narrow one but might apply, for example, to a cookie you use to ensure that when a user of your site has chosen the goods they wish to buy and clicks the ‘add to basket’ or ‘proceed to checkout’ button, your site ‘remembers’ what they chose on a previous page. You would not need to get consent for this type of activity.

Phew!

However I suggest the law will still appily to "Recently viewed lists" and any other non essential use of cookies so would look on advice from actinic about how this should be dealt with.

[Duncan Rounding]

My understanding is that the only practical way is for browsers to manage the cookies and I believe 'they' have acknowledged this. IE9 and other browsers now allow the user to manage cookies, their type and use, and if they are stored or not. There's information on the Microsoft site about advanced cookie control in IE9.

[bangers]

That, for what it is worth is what I suggested to my client. That there was no way this could be enforced or work unless all the browsers enforced it or something the w3c could push.

However there is talk of this in the document and they suggest it shouldn't as yet be relied upon for various reasons - my thoughts are like any law trying to control web use - they may as well try pissing in the wind for all the good it will do. However I'm not a blue chip company (who will take this seriously) or company selling software which uses cookies (who may need to consider letigous implications).

Another option is use of customer accounts, now wouldn't it be nice if actinic had "usuable" customer accounts (in a practical sense) - role on v11 I guess.

[Darren B]

thats interesting as we use remarketing on a site, so google can serves adds based on your searched and of course serve our adds in the hope it drives you back to us.

So im guessing this will become an illegal practice, be interested to know how google see this as they supply the code?

[malbro]

My understanding is that the only practical way is for browsers to manage the cookies and I believe 'they' have acknowledged this. IE9 and other browsers now allow the user to manage cookies, their type and use, and if they are stored or not. There's information on the Microsoft site about advanced cookie control in IE9.

It is quite specific in the document that this is not currently acceptable to use browser settings, nor is it acceptable that previous users have already accepted the use of cookies. The document (which is based on changes to EU directives) essentially says that we are going to be required to check with a user on their first visit to the site by first explaining why you want to use cookies and then get their explicit agreement. Once agreed it appears you can then store this information in a cookie and do not need to check again however you must explain this is what you intend to do.

Not sure what you do if the do not agree, kicking them off the site is not going to be good for customer relations !!!!

This is going to cause an uproar in time when all the various cart vendors realise just what this means.

[Mike Hughes]

I guess from my perspective this is going to go one of two ways (If it gest anywhere at all). Neither of which should be a real problem:

a) It will become law but not policed. In which case it will be ignored as I believe the OFT (or whoever's responsible) run a policy which means they ignore everything except where it would be in the public interest to pursue.

b) it will become law and will be policed by some organisation (much as the electrical waste directive is by VCA - IIRC ). In this case everyone will have to implement it and the solution is probably as simple as a bit of javascript that checks for an 'already agreed' cookie and if not present pops up a message saying "We are required by EU law to inform you that this site uses cookies. Please click OK to continue." If they click 'Reject' you dump them to a page explaining why cookies are needed and and why you need their permision before they can browse the site.

It shouldn't be too difficult. The same thing has been done before for other purposes.

Mike

[bangers]

I agree with Darren B google codes most wide spread with clear non essential use so gonna follow this post on Google help forums in hope a suitable reply is posted there:
http://www.google.com/support/forum/...04a2df9c928fbe

No doubt it's google with analytics and adwords/sense that have the biggest potential headache in light of new laws so let them worry about it and maybe follow example.

[Duncan Rounding]

It will, be interesting to see what the likes of Amazon do about this if anything.

[Darren B]

It will, be interesting to see what the likes of Amazon do about this if anything.

Probably nothing the UK establishments never take on large global companies only the small business man

[fergusw]

Probably nothing the UK establishments never take on large global companies only the small business man

[cynical rant on]
True. How very, very true!

e.g.
- WorldPay not PCI compliant - nothing happens!!
- HMRC targets small businesses for fraudulent record checks
and so on

This cookie issues sits in the same boat as the PCI compliance issue, however browser developers will get round this with the "self cookie management" functions that were highlighted earlier.
Google analytics, adwords, a mulitude of tracking scripts and a whole host of other internet technologies will fall under this banner and theoretically be rendered illegal. I'm sure, however, Google and others will somehow avoid any legal action. The small business..... that's another story.
[/cynical rant off]

I understand the reasoning, just not the implementation

[Sean Williams]

No response to this thread from Actinic Towers yet ......

[Darren B]

No response to this thread from Actinic Towers yet ......

you do make me chuckle Sean, i needed that thanks

[Darren B]

The BBC has caught up with the story http://www.bbc.co.uk/news/technology...medium=twitter

[Duncan Rounding]

It will be interesting to see what slant the BBC puts on this on TV. (I think we all know the answer)
It's already on the website in second place: http://www.bbc.co.uk/news/technology-13345545

[brucet]

We will be keeping an eye on this. A lot will depend on how the recommendations develop as enforcement is phased in, and how it is received by the internet-using public. There may be some push back, because if the law is strictly enforced it will make a lot of web sites less functional and/or less easy to use. It's pretty ill conceived IMO, and I suspect it will have to be toned down at some point. Whatever emerges as legal and best practise, we will follow that.