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

Ifraz Mughal ifrazm at gmail.com
Tue May 22 14:28:18 BST 2012


Looks like ICO  won't issue fines for not complying

http://www.pcpro.co.uk/news/enterprise/374734/ico-no-fines-for-breaking-cookie-rules

Thanks

Ifraz Mughal, @ifraz

On Mon, May 21, 2012 at 1:25 PM, Angus Phillipson <angus at thebyte9.com>wrote:

> Super useful,  thanks Jon!
>
>
>
> Was just reading the econsultancy best practice guide too,   which is
> worth a look and has some good practical guidance to recommend.
>
>
>
> Regards
>
>
>
> angus
>
>
>
> *From:* uk-netmarketing-bounces at mm.chinwag.com [mailto:
> uk-netmarketing-bounces at mm.chinwag.com] *On Behalf Of *jclarke at ic24.net
> *Sent:* 17 May 2012 16:52
> *To:* uk-netmarketing
> *Subject:* Re: [uk-netmarketing] European Cookie Law - Big Debate - we
> need a solution for all
>
>
>
> I've collated all the news I can find, plus those who have spoken at
> seminars and even sites that have attempted to implement a cookie button
> etc on them all here at
>
> www.mediastarz.co.uk/forum/topics/advice-on-website-cookie-law and there
> is also a page with a petition against teh law here at
> mediastarz.co.uk/profiles/blogs/stop-the-eu-s-legal-war-on-web-cookies
>
> Still so much confusion - the last story added today via the BBC takes the
> biscuit ... no not the cookie
>
> Cheers
>
> Jon Clarke
>
> Head of Digital
>
> Space & Time Media
>
> www.spaceandtime.eu.com
>
> jon at spaceandtime.eu.com
>
>
>
>
>
>
>
> On Mar 3 2012, Sam Michel wrote:
>
> 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
> ---------------------------------------------------------------
> - Social Media Week LDN 2012 (13-17 Feb) - http://chw.ag/smwldn
> - Chinwag Jobs - http://jobs.chinwag.com
> - Digital Missions - http://digital-mission.org
> - Sam @ Chinwag: http://chinwag.com/blogs/sammichel
> - Sam @ Toodlepip: http://www.toodlepip.co.uk
> --------------------------------------------------------------
>
>
>
> On 2 March 2012 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 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
> >>
> >> Subject: Re: [uk-netmarketing] European Cookie Law - Big Debate - we
> >> need a solution for all
> >> To: uk-netmarketing
> >> Message-ID:
> >>
> >> 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, 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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