The Cookie Law

On 26th May 2012 all UK websites must offer their users a consent mechanism to allow cookies to store information about your browsing activity and potentially pass this to 3rd parties. This includes tools such as Google Maps, Google Analytics, social sharing buttons and many more! But what does this mean for your website?

What are cookies?
Cookies are a small sweet cake (biscuit), typically round, flat, and crisp. The best cookies usually have chocolate chips in them, or (my personal favourite) are chocolate biscuits with chocolate chip cookies in them... #NomNom... OK.. slightly off track there. In the digital world, cookies are small text files that are stored on the user's computer (yours) to remember choices as you navigate round the site. They are used to remember user preferences, to track site performance and to target advertising. Essentially making your user journey better.

What is the law?
‘The Privacy and Electronic Communications (EC Directive)(Amendment) Regulations 2011’ has been commonly referred to for at least the last 12 months as the ‘Cookie Law’.

What does it do?
In short, it means that all website operators are now required to ask a website user’s permission when placing certain types of cookies on their devices or computers. They must also explain what they are and why they are placed there.

When did it become law?
26 May 2011, and assumed that browser technology could be used to manage cookie permissions. However, this was not the case, and the Information Commissioners Office (ICO) declared a suspension on enforcing the law until 26 May 2012 by when browser developments would have caught up. Again, this has not proved to be the case, which has left all website operators with the task of implementing measures to comply. With no practical guidance being issued by the ICO on how to do this, companies are taking their lead from the ICC (International Chamber of Commerce).

What can be done?
To ensure your site complies with the law, your Privacy Policy on your sites must explain the different types of cookies used and how you use them. There are four categories of cookies summarised as; strictly necessary, performance, functionality and targeting. In addition, users have to give permissions to allow categories two to four.

What else can be done?
The ICC have interpreted the law to mean that you can gather consent for category one to three cookies by agreement to terms and conditions or privacy policy. Category four, which is what the law was specifically targeted for, and requires explicit consent.

Hungry for more cookies?
For more information on the Cookie Law, visit The Cookie Collective, or visit BBC Food (I know which I prefer :)