Tuesday, June 21, 2011

Beware of EU Regulation Cookie Cutters

Cookies are little pieces of code that many websites automatically install on site visitors’ computers in order to recognise and remember site visitor log-in details, browsing history, and ordering information, and allow users to navigate their site pages efficiently.They are also used by analytics software that monitors website usage, and third party advertising - like Google’s Ad Sense, for example.

Whether or not any given site user accepts cookie installation from any given website is up to the user, because whilst most modern browsers support cookies, they also allow users to disable or otherwise deal with them. Common options are:

To enable or disable cookies completely, so that they are always accepted, or always blocked.

To allow the user to see the cookies that are active with respect to a given page by typing javascript: alert (document.cookie) in the browser URL field.

To use a browser that incorporates a 'cookie manager' which allows the user to see and selectively delete cookies currently stored in the browser. (Internet Explorer, incidentally, only allows third-party cookies that are accompanied by (Compact Policy) field by default).

To use a browser that allows a full wipe of private data including all the cookies (most browsers do).

To purchase an add-on tool to manage cookies.

Nevertheless – thanks to a recent update to the EU’s Privacy and Electronic Communications Regulations - it is now technically illegal for UK websites to install cookies on a user’s computer without first seeking the user’s conscious consent despite the fact that users are capable of protecting their own privacy should they so wish. The fine for non-compliance can be anything up to £500,000.

The legislation came into force on May 26 last and – surprise, surprise – no one is quite sure how it is going to work in practice.

The Information Commissioners Office, which is the body that will police the Regulations, has said that if it receives a complaint, it will give the website owner ‘up to one year’ to comply with the legislation, but obviously if your website uses cookies, you will need to get in touch with your website designer or developer and work out a method of obtaining the required consent from users as quickly as you can. It may be possible in the future to rely on the user’s browser settings to indicate consent – the Government is discussing the legislation with browser manufacturers – but it isn’t possible to do that now, and may not become possible in the usefully short term.

Geoff - http://www.metlissbarfield.com

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