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24 May 2011
New legislation will be introduced in the UK on Thursday that regulates the use of cookies, but many organisations remain unaware of how to comply with the so-called e-Privacy directive.
Changes to the EU Electronic Communications Framework, as it's officially known, specify that online businesses must get the explicit consent of web users to install cookies from 26 May.
However, Alex Brown, a partner at international law firm Simmons & Simmons, told V3.co.uk that a large number of his clients are still asking questions about how the regulation should be implemented.
"The regulation was only published three weeks ago so it gives businesses a very short time to change their processes," he said. "A lot of our clients are talking to us about it. It's high up on their priority list but they are grappling with it."
The Information Commissioner's Office issued a list of options on how companies can obtain consent before a cookie is set for the first time, but said that it is essentially up to the individual business to decide how best to comply with the new legislation.
The watchdog had talked about setting cookie approvals through browser settings, which would have saved businesses from having to make alterations to their web sites. However, the ICO has now said that browser settings are not sophisticated enough to make this work.
"No one is going to be covering themselves in glory about how this legislation is being implemented," said Brown.
"Most companies had hoped there would be a technical solution to this cookie legislation. It would have been more sensible for the EU to encourage companies like Google and Microsoft to update their settings and then bring in legislation."
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A way forward
We have already released a jQuery plugin to resolve this issue for Google Analytics http://cookies.dev.wolf-software.com We have put together a small site for people to be able to see how long they have left before the new law will start to be enforced. http://countdown.wolf-software.com We are also working a new plugin which will handle cookies of any kind
Posted by: Wolf Software 02 Oct 2011
Technology is moving so fast that it should be handled by those that understand the digital environment.
This news to defer the regulation for a year will come as welcome news, as the EU’s directive has naturally been met with criticism from many corners, especially when you look at the example set by the US. Its self-regulation framework has not only avoided such strict compliance, but will also bring a great competitive edge over its European counterparts. Of the millions of US consumers using the internet every day, only a tiny proportion has chosen to opt out of receiving cookies on their computer, implying that the EU overestimates consumer concerns regarding online privacy. A similar self-regulation framework, such as 'Your Online Choices' involving the IAB’s “forward i” icon, offers a comprehensive and compliant system that will be audited by independent experts in the industry. This self-regulatory solution has the full support of the UK Government as it places consumers at the heart of the activity, enabling them to be fully informed. Technology is moving so fast that it should be handled by those that understand the digital environment and the extent of privacy issues affecting consumers. Rupert Staines, RadiumOne
Posted by: Rupert Staines 26 May 2011