Affiliate Cookie Law Guide

Nick11380 · May 23, 2012

Is anyone fighting this issue?

Our business is based on measuring progress and reporting on data through Google Analytics tracking - an essential and completely harmless use of a cookie. This law will completely remove that ability as when a user is asked if they would like to be tracked via cookies, they are clearly going to respond with an entirely uneducated but understandable 'no'.

As far as I'm aware, cookies are only ever mentioned in the mainstream media when it is relating to some kind of horrible scare mongering story about how Google can 'watch you' while you're sitting at your computer in your pants.

We're going to comply with this law, but it's totally out of line. Is there anyone in Government who has run a website let alone a successful one?!

monaghan · May 23, 2012

I had a long conversation with my MP's office in response to my complaint and it was clear that they had no idea of the impact of the law, even on their own site as it was non-compliant (and still is), even the No 10 website drops the usual set of GA cookies without permission

seemly · May 23, 2012

Q&A: The ICO's Dave Evans on EU cookie law compliance

For example, someone may complain about a cookie placed without their consent, but if it was just used to remember essential details rather than to gather information to be used for marketing purposes, then it may not be appropriate to act.

The first question we will ask is: have you tried to sort this out yourself? If they don’t want a particular cookie, then they could use browser settings or security software to get rid of it.

It’s highly unlikely that organisations will get into trouble because of one cookie or just a few complaints, but we would seek to address any potential issues with the company concerned.

In these situations we would be more likely to provide advice to the organisation. It is unlikely (though not impossible) that we would take action just for analytics cookies.

Key elements in the quote found above in bold.

addz123 · May 24, 2012

I read that article with Dave Evans on cookie law.

Few things seem to stick out.

1) Their team won't be trawling around the internet looking for websites that have cookies. They will simply respond to any major number of complaints. If it turns out the British public aren't bothered about cookies (which they won't be), then there's nothing to worry about anyway.

2) If enough users do complain about your website's cookies, they will just get in touch with you and try to educate you about cookie laws and find a workable solutions. There should be no consequences as long as you are happy to co-operate going forward.

3) There's plenty of wiggle room. Different sites need cookies for different uses. If your business loses a lot of money from users opting out of cookies, you'll get sympathy and they'll realise this isn't a workable solution.

4) They recognise sites aren't going to change overnight. Everyone is still finding a workable solution to this and no one is going to suddenly be prosecuted.

5) It seems to me that as long as you provide some attempt to educate users about your cookies, and provide a disclosure or something easily accessible on your website about collecting cookies, then you should be fine.

Nick11380 · May 24, 2012

Nice summary Adam, pretty much clears it up.

I've been really impressed with this little bit of JavaScript called Cookie Guard (cookieguard.eu). Really simple setup and allows you to add and describe multiple necessary and unnecessary cookies. You can see a working version here where GA is described as 'necessary', however users are also prompted with a link to some advice on how to manually turn off cookies if they felt so inclined!

I can't see this form of cookie blocking having a damaging impact but it will certainly make users more aware. I guess the question is - can GA be described as necessary?

Brassneck · May 25, 2012

Has anybody implemented a simple solution on Wordpress? Got a several dozen sites to potentially update but not sure if I can get away with simply adding a page or amending my privacy policy. Was thinking along the lines of simply putting a few lines on a page to say that there will be some cookies on the site, e.g. analytics etc and that if they were unhappy to give instructions on how to block them at the browser level. Does that make sense?

Stephen.

Nick11380 · May 25, 2012

Brassneck said:
Has anybody implemented a simple solution on Wordpress? Got a several dozen sites to potentially update but not sure if I can get away with simply adding a page or amending my privacy policy. Was thinking along the lines of simply putting a few lines on a page to say that there will be some cookies on the site, e.g. analytics etc and that if they were unhappy to give instructions on how to block them at the browser level. Does that make sense?

Stephen.

The one I linked to is installed on WordPress, it's not a WordPress plugin but it is just a few lines of JavaScript added to the header template. If however you just wanted a few lines of text, then just put a link in the footer to a 'Cookie Policy' page and that will effectively do the same thing.

fish · May 25, 2012

Brassneck said:
Has anybody implemented a simple solution on Wordpress? Got a several dozen sites to potentially update but not sure if I can get away with simply adding a page or amending my privacy policy. Was thinking along the lines of simply putting a few lines on a page to say that there will be some cookies on the site, e.g. analytics etc and that if they were unhappy to give instructions on how to block them at the browser level. Does that make sense?

Stephen.

hi Stephen,
Not tried this myself, but should do what you are after for Wp EU Cookie Directive

Brassneck · May 25, 2012

THis is the simplest wordpress plugin i have found so far - Cookie Warning.

I implemented it on www.healthandbeauty.org.uk. It doesn't need any extra customisation etc. What do people think?

Thanks
Stephen.

rodeboy · May 26, 2012

Cookie Plugins

The Cookie Control plugin used here on Acorn Domains seems to be fine too.

Chris

mojoco · May 26, 2012

Nominet now have a clear cookie warning at the top of their page.

vizzo · May 26, 2012

Just to say there seems to be a bit of a lastminute backtrack from ico.
They are now much more open to implied consent

http://www.guardian.co.uk/technology/2012/may/26/cookies-law-changed-implied-consent

cc976a · May 26, 2012

Interesting. Really can't see this coming properly in to affect.

Noticed Guardian's website says something along the lines of we use cookies, don't like it go elsewhere.

This is a little different to having to opt into use them - and much more positive.

Paullas · May 26, 2012

has anyone found a script/plugin that if people dont accept it diverts them to another site.

Brassneck · May 26, 2012

SecNam said:
has anyone found a script/plugin that if people dont accept it diverts them to another site.

Yes the Cookie Warning one above - if I implement it across all my sites might just send everybody to an amazon affiliate page.

Stephen.

Jamie101 · May 26, 2012

Brassneck said:
THis is the simplest wordpress plugin i have found so far - Cookie Warning.

I implemented it on www.healthandbeauty.org.uk. It doesn't need any extra customisation etc. What do people think?

Thanks
Stephen.

Is this what we can expect to see on loads of websites over the next few weeks? Nothing personal, but it's a bit ridiculous that pop ups and so on have to be in the way before you can have a proper look at a site.

Brassneck · May 26, 2012

Jamie101 said:
Is this what we can expect to see on loads of websites over the next few weeks? Nothing personal, but it's a bit ridiculous that pop ups and so on have to be in the way before you can have a proper look at a site.

I'm looking at different options, but to stay legal maybe the answer is yes.

Stephen

murph · May 27, 2012

vizzo said:
Just to say there seems to be a bit of a lastminute backtrack from ico.
They are now much more open to implied consent

http://www.guardian.co.uk/technology/2012/may/26/cookies-law-changed-implied-consent

At last some sense!! The most I'll be doing is a prominent link to privacy page with info on cookies and advice on using browser to disable is really necessary.

Brassneck · May 27, 2012

murph said:
At last some sense!! The most I'll be doing is a prominent link to privacy page with info on cookies and advice on using browser to disable is really necessary.

If anybody spots any model text for this would be grateful if you can share.

Thanks
Stephen