A new EU law coming in to force next month (May 2012) states that a business website must be clear and informative about it’s usage of cookies.
For those who don’t know what a cookie is, it is a small amount of information passed from a website to your browser for storage on your computer. It may contain a user name for the next time you visit the same website, or perhaps custom settings for colours etc. More details are available from Wikipedia – HTTP Cookies.
How this law will affect companies is explained in a post by Neil Davey on MyCustomer.com, The final countdown: Four tips to comply with the EU cookie law in time.
The ‘challenge’ is the latest iteration of the EU Directive on Privacy and Electronic Communications – known simplistically as the ‘cookies law’ due to its focus on the use of cookies – and needing compliance by the May 26th 2012 deadline. Not only do very few businesses have compliance plans in place, some are even unaware of the requirements as laid down in this Directive and subsequently turned into law in the UK in 2011. So let’s begin by outlining what the Directive means.
I’m not a legal expert (and please don’t take any of this as approved legal advice!) but at the heart the new EU Directive is a philosophy that requires brands to be open and transparent with consumer data. The Directive covers the use of cookies and similar technologies for storing consumer information and requires a switch to active consent for cookie use before the data can be utilised by a brand. The original Directive from 2003 was amended in 2009 to require consent for storage or access to information stored – via a cookie – on a subscribers PC. The UK Government introduced the amendment into law on 25th May 2011 and gave businesses ONE YEAR to comply.
The problem faced by any business with an online presence is that they have little control of the software they use, therefore unable to stop a cookie as the visitor arrives.
If your website carries any 3rd party advertising, especially affiliate links, you will be depositing cookies – again with little or no control. Besides, cookies are use by affiliate links to ensure the tracking and payment system works.
If you are unable to control cookies we can at least make sure visitors are aware of them. We can carry the spirit of the law if nothing else. What is demanded is clarity and transparency for the user. We may not be able to ask their permission to accept a cookie but we can explain to them that we do store cookies on their computer.
The BBC has a separate page detailing how they use cookies and why they are there…
In this section you will find information on what cookies may be set when you visit a BBC website and how to reject or delete those cookies. If you wish to read the BBC’s Cookies Policy, this can be found in section 12 of the Privacy Policy.
For your business website, create a page that is linked to your main navigation. Explain that you use cookies and where they come from. The BBC has an extensive list of cookie names and uses. Unless you know how to find out what you site generates, describe in general where they may come from.
I have created a statement of cookie use for this site. Feel free to use it as a template if it helps.
Mobiles are everywhere but should your business be seen on the small screen? I would say it depends on your type of enterprise, does your website need to be reachable by customers who are on the move? However there is another consideration, social networking sites like Facebook can owe some of their success to mobile phone use. Can you see a way that your business could attract more attention by mobile users?
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