New Regulations introduced requiring permission from each
visitor in order to store cookies…
The Government has today introduced revised 'Privacy and
Electronic Communications Regulations' which are designed to deal
with new EU requirements intended to stop the businesses who use
cookies in an intrusive and invasive manner (such as marketing
agencies). The new regulations state that all businesses in
the UK that run websites have to now obtain the permission from
their visitors in order to store cookies on the visitors PC's.
So what exactly is a cookie? A cookie is currently the
most common way of storing information. It is, in simple
terms a file that websites can place on users computers enabling it
to remember things i.e. payment details when buying online.
The new Privacy and Electronic Communications
Regulations are trying to stop those businesses who save the
behavour and preferences of their visitors which is simply not
considered a necessary mesure and marketing agencies in particular
do this and benefit a lot from it. It seems however
that the guidance so far published is a little unclear. The
use of cookies is no longer to be used unless it is "strictly
necessery" but how does one define this? These regulations as
we now know require each individual user to consent to a cookie or
'opt in' which many believe will have a huge impact on cost and
performance of websites.
If you do run a UK website aimed an UK consumers and you are
worried about the new rules, it's worth bearing in mind that for
you to be flagged and investigated, you would probably have to be
reported first or a compliant made about your site. There are
simply too many websites in the UK for the Information
Commissioners Office (ICO) to audit. This does not mean that
non-compliance is an option. The ICO are taking these rules
very seriously. If you were investigated, the ICO would look
into a more compliant way to deal with the situation. There
has been no indication at all as to how the ICO intend to enforce
the new rules which look like it could prove problematic to say the
least. We also have no information on penalties or charges in
force for any buiness that chooses not to comply but I'm sure there
will be some!
Although the new rules will affect many businesses, is is
doubtful that the ICO will be clamping down immediately on this and
in fact, businesses have been given a 12 month period in which to
come to terms with the rules and make any changes necessery made to
their websites in order to comply. This may be a frustrating
time for many UK businesses particularly if the rules are
unclear. Cookies are considered by many a major ingredient
and part of how the web works. It's certainly not going to be
a quick fix.
Christopher Graham, the Information Commissioner has said, "I
have said all along that the new EU rules on cookies are
challenging.
"Browser settings giving individuals more control over cookies
will be an important contributor to a solution. But the necessary
changes to the technology aren't there yet."
"We're giving businesses and organisations up to one year to get
their house in order. This does not let everyone off the hook.
Those who choose to do nothing will have their lack of action taken
into account when we begin formal enforcement of the rules."
Guidance supplied by the ICO relating to the new rules can be
found in PDF format
here.