The ICO website is also a good example of how compliance may be sought – with the use of a pop-up window approach.
The choice of how you deal with this directive is yours as website owners, but here are our thoughts :
- Implementing the directive is likely to adversely impact your website traffic, as more people will click away from your site when they see a pop-up window, rather than accept the cookies;
- Your Google Analytics stats are likely to grossly under-report your real traffic as website visitors that arrive at your site and don’t accept your cookies will not be tracked
- The directive will put those that comply with it at a disadvantage to those who don’t… although they may avoid a fine!
- Most website owners will not implement the directive, either through ignorance or defiance, or simply because they don’t know how to implement the changes
- The BBC reported that the majority of Governement websites will fail to comply in time – read the story here
- The ICO guidance states “…it is highly unlikely that priority for any formal action would be given to focusing on uses of cookies where there is a low level of intrusiveness and risk of harm to individuals. Provided clear information is given about their activities we are unlikely to prioritise first-party cookies used only for analytical purposes in any consideration of regulatory action”
What do we recommend?
My team have spent considerable time reviewing the various methods for implementing full compliance with the Directive but there does not appear to be one universal approach. So, rather than making dramatic website changes, we are recomending that all of our clients take some action – at the very least change their Privacy Statements to include a reference to the Cookie Directive and describe what cookies are being used; how they are used and how they are controlled.
What to do next?
We recommend that you review your ‘Privacy Statement’ page and add a section that covers Cookie Use. The Privacy statement for the Key Multimedia website can be found here and you are welcome to use that as a template.
If you would like to copy the relevant sections on cookies we have added them to below. Note – we have added an optional sections for those that use a shopping cart engine.
EU Cookie Law Resources
- Guidelines from the Information Commissioner’s Office provide in-depth information about the law and what it means for webmasters.
- The full legislation can be viewed here.
- Information on the monetary penalties for non-compliance can be found at www.ico.gov.uk.
- Google Analytics and the EU Cookie Law – http://www.cookielaw.org/google-analytics-eu-cookie-law.aspx
We use a number of different cookies on our site. If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org for detailed guidance.
The list below describe the cookies we use on this site and what we use them for. Currently we operate an ‘implied consent’ policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete the cookies having visited the site, or you should browse the site using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.)
First Party Cookies
These are cookies that are set by this website directly.
You can find out more about Google’s position on privacy as regards its analytics service at http://www.google.com/intl/en_uk/analytics/privacyoverview.html
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More information on session cookies and what they are used for at http://www.allaboutcookies.org/cookies/session-cookies-used-for.html
Third Party Cookies
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You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.
** Delete as appropriate
Optional paragraph for those using a Shopping Cart
We use a session cookie to remember your log-in for you and what you’ve put in the shopping basket. These we deem strictly necessary to the working of the website. If these are disabled then various functionality on the site will be broken.
The information above is given in good faith. However, if you are unsure about any of the specific points of the EU Cookie Law we recommend you consult your legal advisors.