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

Nabil nabil at shabka.com
Wed May 30 19:03:36 BST 2012


lol, I like that.  I kind of like the HSBC line for pointing to the 
relevant nonsense:

HSBC Cookie Policy
We use cookies to create the most secure and effective website possible 
for our customers. Full details can be found here.

On 30/05/2012 16:19, Alex Sass wrote:
> Sorry to jump in with only something silly to add but I liked the 
> statement one of my clients opted to add to their cookie policy-
>
> http://www.thedogsdoodahs.com/cookies.aspx
>
> -
> *Does this all sound scary and a load of gobbledegook? *
> We agree. The reason why we have some much information on cookies is 
> because the bigwigs in some high up place decided all websites should 
> have a 'cookie statement', we were pretty tempted to put up a big 
> picture of Cookie Monster and make some crunch-crunch noises. Thing 
> is, whilst we're much happier getting on with the business of creating 
> funny personalised cards, sometimes you have to just give in and do 
> what the law says you have to do. So, we have cookies- we don't know 
> how a website would work properly without them really. They are little 
> techy things which do pretty much no harm (they don't store anything 
> apart from random bits of text). You could cover your grandmother in 
> them and she wouldn't bat an eyelid. The monkeys in the tech room rely 
> on them so they can show us pretty graphs about how many of you have 
> visited from East Anglia or whatever and the boss likes to be sure we 
> can say hello when you login (how rude not to!). That's about it really.
> -
>
> Made me giggle anyway.
>
> Alex Sass
>
> On Thu, May 24, 2012 at 10:40 PM, <jclarke at ic24.net 
> <mailto:jclarke at ic24.net>> wrote:
>
>     Mark, I'm against the law, it's unworkable and not clear enough,
>     nor is the advice by the ICO or others like the IAB any use at all.
>
>     I will say though, I for one don't want behavioural and
>     re-targeted ads served to me, but that's not a cookie issue, it's
>     more a way of discovering new things and making my own mind up
>     instead of being nagged and an advertiser thinking they know what
>     I think/like/desire etc 24/7. From a professional point of view -
>     for years I've had vendors selling me all the whizzy targeting
>     software yet for all their optimisation promises I see hardly any
>     greater rise in CTR ore uplift. I've seen greater conversion and
>     numbers from better creative and more dynamic ad units, so that's
>     what I prefer for my clients.
>
>     When I'm happily being annonymous I turn off my cookies and see a
>     refreshing new world :-)
>
>     Cheers
>
>     Jon Clarke
>
>     Head of Digital
>
>     Space & Time Media
>
>     On May 24 2012, mark lesbirel wrote:
>
>     Hello Chinwaggers
>
>     This is a bit of a rant, so please excuse and as ever, I bow to
>     the cleverer
>     and more technical (and legal) peeps.
>
>     I know we¹ll have to comply with this ­ but I am not really sure
>     what this
>     is for (I mean the law in the first place not compliance with it ;)
>
>     I know this is supposed to be about OEprotecting the consumer¹ -
>     but really?
>
>     Is it just a political solution to keep the corridors of power
>     busy and in
>     vote for me mode.
>
>     It¹s not at all like an MOT or insurance. MOT makes sure your car
>     is not
>     dangerous, and insurance makes sure you can pay damage you cause
>     (even if
>     not by fault) so third parties don¹t loose out.
>
>     No one will die visiting a website. Although I have thought a few
>     times
>     about ending my life navigating around or waiting for some ­ but
>     that¹s
>     another matter.
>
>     Why, as a consumer, would you not want ads that were targeted?
>     What is the
>     point of ads that are not relevant (and I mean from the consumers
>     point of
>     view) - I¹d rather see an ad for something I might buy than
>     something I
>     would not.
>
>     Why would you not want the website to work properly?
>
>     If you don¹t like cookies can¹t you disable them or up security in
>     your
>     browser? Even, not visit the site in the first place.
>
>     I suppose the next step will be a warning on all emails that have
>     tracking
>     (ie all broadcast emails)...
>
>     Up the revolution.
>
>
>
>     Mark
>
>
>
>     On 22/05/2012 14:29, "jclarke at ic24.net <mailto:jclarke at ic24.net>"
>     wrote:
>
>     > I'll keep adding more links in there, but please everyone do add
>     your links
>     > and thoughts on there - it's getting some great eyeballs on it.
>     >
>     > www.mediastarz.co.uk/forum/topics/advice-on-website-cookie-law
>     <http://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
>     <http://mediastarz.co.uk/profiles/blogs/stop-the-eu-s-legal-war-on-web-cookies>
>     >
>     > Cheers
>     >
>     >
>     > Jon
>     >
>     >
>     > On May 22 2012, Angus Phillipson 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> [mailto:
>     > uk-netmarketing-bounces at mm.chinwag.com
>     <mailto:uk-netmarketing-bounces at mm.chinwag.com>] *On Behalf Of
>     *jclarke at ic24.net <mailto: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
>     <http://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
>     <http://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 <http://www.spaceandtime.eu.com>
>     >
>     > jon at spaceandtime.eu.com <mailto: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 <mailto:sam at chinwag.com>
>     > t: +44 (0)20 7183 2923 <tel:%2B44%20%280%2920%207183%202923> f:
>     +44 (0)20 7099 4011 <tel:%2B44%20%280%2920%207099%204011>
>     > 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 <tel: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 <tel:%2B44%20%280%297855%20953%20942>
>     >> >
>     >> >
>     >> >
>     >> > 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 <mailto:alec.east at thboom.com>
>     >>> >> mob: +44 (0)7976 751 371 <tel:%2B44%20%280%297976%20751%20371>
>     >>> >> web: *http:// www.thboom.com <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 <tel:%2B44%20%280%297855%20953%20942>
>     >>> >>
>     >>> >>
>     >>> >>
>     >>> >> 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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>     Mark Lesbirel
>
>
>     DL +44 (0) 7973 622 969 <tel:%2B44%20%280%29%207973%20622%20969>
>     SKYPE creativematch
>
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