May 2012 saw the introduction of the new cookie legislation. This EU directive led to a huge amount of debate in the digital marketing world. As digital marketing experts we’d like to give you the information you need to know to make sure you’re compliant, so read on.
What is the cookie Law?
A new piece of legislation aimed at protecting consumer’s personal information. It originates from the EU’s Privacy and Communications Directive.
Who is affected by it?
If your website runs cookies, then it affects your business. It is you as the site owner who is affected, not your website host or supplier.
If your site tracks visitor movements in anyway, using Google Analytics, or a Content Management System such as WordPress, it’s likely that you use some form of cookies.
What do I do to make sure I’m compliant?
In a recent update to the law, it is stated that implied consent (opt out rather than opt it) is fine, so:
Does it include Google Analytics?
The law does cover Google Analytics, although the focus is not on this and therefore it is less urgent. The ICO (Information Commissioner’s Office) have stated it is highly unlikely that priority for any formal action will be given to focusing on cookies where there is a low level of intrusiveness and risk of harm to individuals; for example analytic cookies that collect anonymous data.
The important thing to remember is that there is a sliding scale of intrusiveness of cookies e.g. the more intrusive (high/medium), the more important it is to gain express consent.
Things to be aware of
Be aware, no matter what your business size, you could still face enforcement action for high to medium intrusive cookies and failure to comply can result in fines up to £500,000.