uk-netmarketing Archive (2011-2015)

I wouldn't rely on that. OK they are not going to fine like crazy - and they will concentrate on the cases where they receive complaints. But if you don't comply by 26th May you have broken the law. Its like driving with no MOT or insurance. You are OK until they catch you. 
 
I attended a couple of talks where the ICO spoke and the quotes I noted where:
 
'If you try to comply you will probably be ok'
'If you try but you tell us it has been too difficult to comply and you actually did try to comply we will probably be sympathetic' (my comment: you might get away with - 'we are a penniless start up and don't have the cash for a cookie audit - but at least we provided some more info about cookies!')
'If you were me who would you go for first? Those who tried to comply or those who buried their heads in the sand...its a 'no brainer'' (my emphasis on the word 'first')
 
They also said that they would issue further guidance with examples of sites they thought did a good job of complying but said 'you should not wait for that'
 
As an absolute minimum you should provide increased cookie disclosure with a more prominent cookie section and more information about cookies. The FT has an interesting example of how you can comply using a persistent banner but many (like John Lewis, Capital One etc) just put a link at the top of each page called 'cookies and privacy' and then provided more info on what cookies are (just control c and control v the standard text on the example pages), how they use cookies (here you can control C and control V the ICC code definitions - see the FT.com), how you can change cookie settings and where you can get more info (provide links to AllAboutCookies, the ICC Code etc). That should be your absolute minimum in complying, at least initially. You can do the minimum and watch this space.
 
The ICO is trying to be business friendly - and trying to implement this horrible law in a sensible way. But you need to play the game too!
 
 
 

________________________________
 From: Ifraz Mughal <ifrazm at gmail.com>
To: uk-netmarketing <uk-netmarketing at mm.chinwag.com> 
Sent: Tuesday, 22 May 2012, 14:28
Subject: Re: [uk-netmarketing] European Cookie Law - Big Debate - we need a solution for all
  

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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