uk-netmarketing Archive (2011-2015)

"we're recommending our clients do exactly what the DoI themselves are
doing in the banner at the top of this page - but make it look nicer.
Problem solved."

It solves one 'legal' problem, but opens an enormous 'business' problem:
http://www.flickr.com/photos/vickyb/5859873960/

That graph shows the 'tracked' visits to the ICO site following their
implementation of the 'cookie opt-in' banner.

So, in summary, if you follow their implementation, it dramatically impacts
your ability to understand what visitors are doing on your site, and thus
to improve the site from either a business or a user perspective.


dan


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



On Fri, Mar 2, 2012 at 10:40 AM, Alec East <alec.east at ukoko.com> wrote:

> The UK Cookie Law is actually very clear and always has been. All cookies
> except those that are "essential to the core functions of a site" must get
> permission. Ther's no ambiguity or area for doubt because they have
> clarified what "essential" means and it's things like shopping carts, bank
> log-ins etc but not Analytics, Banner syndication, affiliate programs,
> Facebook Like buttons, etc. etc,  so, if you want to use them and they set
> a cookie, you have to get the visitor's permission first (then set a cookie
> to say you have it).
>
> Cookies from third-party sites such as Google Analytics or advertising,
> HTML5 local storage and Flash cookies / Local Shared Objects all require
> the user's explicit permission. So auditing your site is essential. It's
> not hard and there are plenty of tools out there or you can always ask an
> experienced agency to do it for you. They may even suggest changes to your
> code that will avoid setting non-essential cookies in the first place.
>
> If you're running a site based on Wordpress or Drupal or some other
> plug-in heavy CMS, the plugins may set cookies too.
>
> How you handle getting permission is up to you but we're recommending our
> clients do exactly what the DoI themselves are doing in the banner at the
> top of this page - but make it look nicer. Problem solved.
>
> http://www.ico.gov.uk/for_organisations/data_protection/notification.aspx
>
> A bit more info:
>
> http://www.out-law.com/page-5486
>
>
> Al
>
>
>
>
>  Alec East Director
>
>  email: alec.east at thboom.com
>  mob: +44 (0)7976 751 371
>  web: *http:// <http://www/>www.thboom.com*
> *
> *
>  http://twitter.com/aleceast
>
> The information contained in this e-mail is confidential and may be
> privileged. It is intended for the addressee only. If you are not the
> intended recipient, please delete this e-mail and advise the sender
> accordingly. The contents of this e-mail must not be disclosed or copied
> without the sender's consent.  Seeing as you've read this far, we'd like to
> compliment you on your attention to detail.
>
>
> Message: 6
> Date: Thu, 1 Mar 2012 14:48:28 +0000
> From: daniel barker <djbrkr at gmail.com>
>
> Subject: Re: [uk-netmarketing] European Cookie Law - Big Debate - we
> need a solution for all
> To: uk-netmarketing <uk-netmarketing at mm.chinwag.com>
> Message-ID:
> <CAKeGiE9qt1o-kCmkB5YtHv4HrZj3rXM481xwaDmt-RrbMi3qTw at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
>
> 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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