uk-netmarketing Archive (2011-2015)

Concur - the case of 'doing what the DoI does' is, pretty much, like trying to take advice on marketing from the CoI... absolutely pointless.

I will do the absolute minimum to comply for all my clients. And definitely not something as clunky as this particular implementation.

I still hold out hope that it will all be watered down further before it becomes law... 


On 2 Mar 2012, at 18:17, daniel barker 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://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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