Website cookies - how will new rules impact on you?

In three months time new laws will be in place restricting the use of website cookies. Are you up to speed on how the changes will affect your website?

From May 2012, the Information Commissioner’s Office will begin enforcing a recent EU directive about website cookies. While many in the marketing industry say the legislation is unworkable and impractical, the ICO is determined to see it fully implemented.

The issue will be covered next week when Caroline Redhead and Vaughan Jones from Burnetts will be speaking to the county’s marketers at a Chartered Institute of Marketing event about website marketing and the law.

The session, which takes place 6pm – 8pm on Wednesday 1st February at Kendal College will explain website terms and use, Distance Selling Regulations, issues such as copyright and trade marks and email marketing, but the focus will be the controversial topic of privacy.

A cookie is a text data file which is found on websites and allows the user’s website browser and the website to exchange information. The cookie is placed on a user’s computer or mobile device by the browser so that websites can “remember”, for example, the user’s preferences, the contents of their shopping basket or so that it can analyse the browsing habits of site visitors.

So if you are running a website, what do you need to do?

The ICO wants website owners to move from a system of "informed opt-out" (which means, mostly, that users do nothing) to "prior, informed opt-in". He suggests a two-step process, the first of which is a website audit to check what cookies are placed on user terminals and why.

The next step is for organisations to consider how they will give greater priority to obtaining meaningful consent for their more intrusive uses of cookies, such as those that involve creating detailed profiles of an individual's browsing activity.

The ICO has a few suggestions on how organisations might gain consent in a more pro-active way. These include, amongst others, pop-ups or amendments terms and conditions. A positive indication, such as ticking a box, should be obtained to indicate that users understand and agree to the changes in terms.

According to the ICO, if the information is to be included in a privacy policy, that policy should be clearly signposted at the very least on the site’s main entry pages.

Another option mooted by the industry is to allow consent to the use of cookies to be given via browser settings. Unfortunately, the ICO expects this is a solution for the future and is not prepared to let organisations wait for browser software to be re-written.

For further information about website law or cookies, contact Caroline Redhead or Vaughan Jones on 01228 552222, email cabr@burnetts.co.uk / rmvj@burnetts.co.uk or visit www.burnetts.co.uk .

Marketing and the Law is free for CIM members, £5 for students and £25 for non members. Bookings can be made at http://www.cim.co.uk/Events/EventDetail.aspx?ObjectID=44615 or by emailing cimevents@cim.co.uk.