uk-netmarketing Archive (2011-2015)

[uk-netmarketing] European Cookie Law - Big Debate - we need a solution for all

[uk-netmarketing] European Cookie Law - Big Debate - we need a solution for all

Sam Michel sam at chinwag.com
Sat Mar 3 11:16:13 GMT 2012


Hi Dan,

The implications are scary, the only positive thing is that there's
awareness that something needs to be sorted out. When I wrote up Vicky's
results as a blog post, it became the highest traffic blog post on Chinwag
ever:

http://chinwag.com/blogs/sam-michel/cookiepocalypse-implementing-new-law-drops-use-90

My favourite implementation so far, is the one AllThingsD are using:

http://allthingsd.com (wait a few mins for the yellow box to appear at the
top of the page)

Not sure if it's pass muster with the ICO/EU legal folks though. I have a
feeling this is going to run and run, especially as the tech giants are
scoring a spectacular number of own goals with the regulators:

http://www.bbc.co.uk/news/technology-17205754

Toodle Pip

Sam

--------------------------------------------------------------
Sam Michel, CEO - e: sam at chinwag.com
t: +44 (0)20 7183 2923 f: +44 (0)20 7099 4011
Chinwag - http://chinwag.com
Twitter - http://twitter.com/toodlepip
---------------------------------------------------------------
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- Chinwag Jobs - http://jobs.chinwag.com
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- Sam @ Chinwag: http://chinwag.com/blogs/sammichel
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--------------------------------------------------------------



On 2 March 2012 18:17, daniel barker <djbrkr at gmail.com> wrote:

>
> "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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