The Cookie Law Explained

The Cookie Law is a new piece of privacy legislation that requires websites to obtain consent from visitors to store or retrieve any information on a computer or any other web connected device, like a smartphone or tablet.

It has been designed to protect online privacy, by making consumers aware of how information about them is collected by websites, and enable them to choose whether or not they want to allow it to take place.

It started as an EU Directive that was adopted by all EU countries on May 26th 2011.  At the same time the UK updated its Privacy and Electronic Communications Regulations, which brought the EU Directive it into UK law.

There was a one year grace period in the UK, which ran out in May 2012. 

Each EU member state has done or is doing the same thing. Although they all have their own approach and interpretation, the basic requirements of the directive remain the same.

Why 'Cookie Law'?

Almost all websites use files called 'cookies' which store information in peoples' web browsers when they visit the site.

There are other technologies, like Flash and HTML5 Local Storage that do similar things, and these are also covered by the legislation, but as cookies are the most common technology in use, it has become known as the Cookie Law.

However it is important to note that when we talk generally about cookies in context of the law, we are also talking about all of the similar technologies that perform the same function.

Cookies are used in many different ways on the web, the vast majority of them beneficial to visitors.  They act a bit like a form of memory for web pages, and help to personalise a users web experience.

This includes tracking people across the sites they visit, and using this information to display more targeted advertising. Some people are not comfortable about this happening without their permission.

What it Means for You

Almost all websites use cookies and similar technologies.  Especially company websites, e-commerce sites, and any sites that carry advertising.

If your business has a website, you will almost certainly need to make changes to it to comply with the law.

If you don't you risk enforcement action from The Information Commissioners' Office (ICO), the UK regulator responsible for the cookies law.

The ICO has powers which can include a fine of up to half a million pounds. Although they won't issue fines except in serious cases, they can still force you to change your website to comply with the law.

So don't risk it - act now.

What You Should Do?

The ICO have produced guidance for website owners who want to become compliant. They have written a long document about it, but in summary it is:

• Audit your site to find out what cookies you have.
• Find out what these cookies are used for, and which ones you need to get consent for (there are some exemptions)
• Work out how to get consent from your visitors to set cookies on their internet device.

The Cookie Collective can provide you with all the tools you need to become compliant:

• The Optanon Auditor enables you to find out what cookies you have on your website. (Or we can do it for you)
• Our Cookie Audit service can then help you understand what these cookies do.
• Licence Optanon for your site to obtain informed consent for your use of cookies.

What are Cookies Anyway?

Cookies are little files that almost all websites use as a kind of memory.  They are stored in your browser and enable a site to 'remember' little bits of information between pages or visits.

They are mostly used to make the web experience better, like automatically logging you in to a site on return visits, or remembering settings like text size.

Most websites also use some kind of visitor tracking, like Google Analytics, to measure site performance, and this will also use cookies in most cases.

However some cookies are used to collect across websites you have visited and display content and advertising based on this data. 

This use of  'third party tracking' cookies in particular is what the EU wants to raise awareness of with the new law. By requiring websites to inform and obtain explicit consent for cookies it aims to give web users more control over their online privacy.

To find out lots more about cookies in general and the different types, take a look at Cookiepedia - a new information resource we have built all about cookies.