Monthly Archives: April 2012

New EU Cookie Law – Is Your Website Breaking The Law?

It’s funny how a small conversation can sometimes lead to a full on investigation sometimes…

Earlier this week, Gawain Lee Son (valued froggo client) from GoGreenForHomes gave me a quick call to ask my opinion on the new EU Cookie Law that comes in to place on 26th May 2012.  I’d heard about the disastrous launch of it in 2011 and thought nothing more of it until speaking with Gawain. Back then the ICO had agreed to a one year grace period until the new EU Cookie law will officially be enforced due to the lack of uptake.

It could be quite big stuff as the law will affect approx. 92% of websites, so I made this short video to explain what it means to you, and what we think (disclaimer: these are our own thoughts based on our own research) website owners should do about it across europe.

Resources:

Video Transcription

Hi Guys, it’s James Downton here from Froggo Marketing and it’s just a quick update about the new EU cookie law that a lot of companies are talking about at the moment.

Basically, If you you’ve got a website where you track cookies for any reason, it could be an affiliate program, it could be the simple use of Google Analytics, this stuff basically will apply to you.

The reason for it is to make less internet savvy people more aware of what cookies are and the uses of them and how they’re used on a website.  So there’s a few things that you need to do in order to get up to speed and comply with this new law.  The first thing is, when people come to your site, you need to tell them that you’re using cookies.  The second thing you need to do is tell them what type of cookies you’re using on your website.  And lastly, the most painful part, is that you actually have to gain consent.

Now, those are the three things that the ICO (they’re the board that are enforcing the rule) have told us that we need to be doing.  So over the last week, at Froggo we’ve basically been off looking around trying to find out what the best practices are to comply with this new rule.  And, I’ll be honest with you, it’s not been easy, we’ve not really found anything that has been solidified  or a tangible change that we need to make to comply.

So some of the suggestions that we came across were firstly to create a pop-up.  And this would be something that just came up and said, “You must click Yes to accept the cookies, or allow us to track cookies on your site.”  Now, that’s not going to be a good idea, mainly because most browsers block pop-ups.  They have done for the last three to five years and they continue to do so.  The second way that we’ve found was to just have like a light box that came over the website.  Basically doesn’t go away until you click ‘yes’ and accept the cookies which is just going to annoy people and probably have a massive impact on the amount of people that come and use your website.  The third way that we found, and this is our most favourite, is to display the privacy policy higher up the page.  Now this could be put in the header or just somewhere that’s more visible for people to actually see that there’s some new changes in your privacy policy.  So it could say, instead of privacy policy, “find out more about how our website works”, for example.  So it’s a little less strict then privacy policy.

So what’s the conclusion to all of this? Well, what we’re recommending people do, and this is only our own opinion based on the research that we’ve covered in the last week, but what we’re recommending is that people ‘seek to inform’.  All I mean by that is, they have on their website, somewhere where it says that you’re tracking cookies and how you’re actually tracking cookies on that site.   So if you want to find out a little bit more about it, I’ve put some useful links below this video and if you’re a Froggo client, no need to worry, as always – we’ve got your back!