Cookie Monster


The new cookie law comes into force today (26 May 2011).  The regulations make it clear that UK businesses and organisations running websites in the UK need to get consent from visitors to their websites in order to store cookies on the visitors computers. 
Cookies are created when a user loads a particular website and this website sends information to the browser which creates a text file.  Every time the user revisits the same website, the browser retrieves and sends this file to the website’s server.  For more information about cookies go to http://www.allaboutcookies.org/
From 26 May 2011 you will need a user’s consent if you want their browser to store cookies.  Previously you just had to tell people how you used cookies and how they could opt out if they objected.  The easiest way of doing this was to put this information in the privacy policies.
The new rules say that essentially cookies can only be placed on machines when the user’s consent has been given.
The ICO tells us that the exception to this rule is if what you are doing is ‘strictly necessary’ for a service requested by the user, which may apply, for example, to some shopping cart processes.   Full details of the changes are set out in http://www.ico.gov.uk/~/media/documents/library/Privacy_and_electronic/Practical_application/advice_on_the_new_cookies_regulations.pdf

The advice from the ICO is :
·       Check what type of cookies and similar technologies you use and how you use them
·       Access how intrusive your use of cookies is
·       Decide what solution to obtain consent will be best in your circumstances.

The latest press release from the ICO states that it is giving website owners one year to comply with cookies law.   With such uncertainty at present on how the law will be applied, exactly what it applies to etc, it will be interesting to see what solutions companies such as Google come up with to be compliant.  The ICO’s press release can be found at:
http://www.ico.gov.uk/~/media/documents/pressreleases/2011/enforcement_cookies_rules_news_release_20110525.pdf

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