uk-netmarketing Archive (2011-2015)

hi, Jon, this is a great email and I agree entirely.

The 'conflict' at the centre of this is that if you follow the regulations
'absolutely' it is very bad for business. I've run a few little polls
around this and - overwhelmingly - the response of marketers has been that
they are planning to either A) Do nothing; or B) Wait and see what everyone
else does & follow suit.

The latest guidelines from the ICO were welcome, but no clearer than the
first. They essentially hinted (very, very paraphrased): "we'll turn a
blind eye to Google Analytics, though even that isn't strictly allowed
without prior consent". I thought that was sad, as they could have chosen a
broader interpretation of 'strictly necessary' within the guidelines & said
that they interpret anonymous web analytics tracking as 'strictly
necessary', and thus fully legal.

Here is my 'better than doing nothing at all' recommendation for sites not
doing anything onerous:

   1. Audit your own cookies, using the 'ghostery' plugin (or similar). If
   you have a very, very large site with hundreds of different page templates,
   or you have budget to burn, use a third party company to do this.
   2. Add a line to the foot of every page on your site, saying "In order
   to run this website we place essential cookies on your computer. See our
   privacy policy for further information"
   3. Within your privacy policy, list all of the tracking cookies you're
   placing, linking to vendors' sites for further info. (the Ghostery plugin
   gives you all of the links, etc you need to do this)
   4. If you have any type of user signup/checkout process, include a line
   in the Ts & Cs stating that they agree for you to place cookies on their
   machines.

This doesn't - strictly speaking - satisfy the regulations, but it at least
fits with their spirit, which is essentially to be as open & transparent as
possible with your site's users. I therefore think it's better than doing
absolutely nothing (as most sites seem to be planning).


As Jon said - this is an important topic & it would be great for the IAB
(or similar) to weigh in a bit more heavily.

dan


--
dan barker
http://www.barker.dj
http://www.linkedin.com/in/djbarker
+44 (0)7855 953 942



On Wed, Feb 29, 2012 at 6:35 PM, <jclarke at ic24.net> wrote:

>  The EU Cookie Law gets tightened near the beginning of May and I wanted
> to see who else in community is looking at this and can share their
> thoughts and legal guidelines and solutions.
>
> How is one to get consent via tracking pixels from adverts? Re-targeting?
>
> How does one deal with a person coming onto a site, saying they don't want
> cookies and then what happens next time they come back. Cookie them so they
> don't get the optin box? It's NUTS!
>
> I find that the more clients who ask and get their lawyers involved the
> more questions it raises and I can't just say 'Forget it' or 'Don't worry
> about it' , honestly I think it's madness yet how are we to deal with it
> and all the variances people seem to come up with?
>
> I really think this is the one and only time the IAB needs to stand up and
> be counted and give all website publishers, owners, sales bodies etc in the
> UK a definitive document on how to deal with this ill thought of law.
>
> Please don't ignore this post, it could be the most important one you get
> all year.
>
> Please add your solutions here and those digital lawyers here can you give
> any clarity? IAB members too, please pitch in.
>
> Kind regards
>
> Jon Clarke
>
> Head of Digital
>
> Space & Time Media
>
>
>
>
>
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