Cookie Law changes - deadline looming
EU Cookie law update
The Deadline is looming for the EU Cookie Directive on 26 May.
In summary - UK law now requires website operators to ask for a website user’s permission when placing certain kinds of cookie on their devices for the first time. Where consent is required, the law states that it should be “informed consent”. We have had some informal clarification concerning the code of conduct for using cookies from the International Chamber of Commerce (ICC). Unfortunately the definative guidance from the Information Commissioner’s Office (ICO) is not available yet.
The ICC have broken cookie usage down into 4 different categories, based on their function. It is hoped that this will help website operators identify the types of cookies they use in order to select the appropriate method of obtaining informed consent. It should also help website users understand the types of cookies that are in use on the websites that they visit.
Category 1: Strictly necessary cookies
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided.
User consent is not required for the delivery of these cookies
Category 2: Performance cookies
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages.
These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works. This category does not include cookies used for behavioural/targeted advertising networks.
Examples include: Web analytic, Ad response rates, Affiliate tracking, Testing design variations and Error management. Google Analytics falls into this category!
User consent can be obtained in the terms and conditions of the website
Category 3: Functionality cookies
These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise.
User consent can be obtained in the terms and conditions of the website
Category 4: Targeting cookies or advertising cookies
These cookies are used to deliver adverts more relevant to you and your interests They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign.
User consent in this instance would need to be explicit – you would need to obtain clear informed consent from the user before cookies are used.
Example Terms and Conditions
A good example of a terms and conditions that explains cookie use in their terms and conditions can be found at the St Helens Council website http://www.sthelens.gov.uk/pages/cookie-information/
Further Reading
ICC Guidance
http://www.international-chamber.co.uk/components/com_wordpress/wp/wp-content/uploads/2012/04/icc_uk_cookie_guide.pdf
ICO guidance
http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies.aspx
General information about cookies
http://www.allaboutcookies.org

















