EU ‘Cookie Law’

Although it came into force on 26^th May, some of the details surrounding the EU ‘Cookie Law’ are still a little cloudy, with many website owners unsure whether their website complies, or what the consequences are of failure to comply.

This new piece of legislation is intended to protect online privacy by making users aware of the cookies used on any website they visit, and giving them the option to opt out if they don’t want this information to be taken.

Thousands of websites still haven’t complied with the regulations, despite the threat of a £500,000 fine from the Information Commissioner’s Office.

As a digital and SEO agency, many of our clients have been asking for advice on what steps to take to comply. The law is loosely defined, and every website has interpreted it in a different way. Many have chosen to have a pop-up box upon arrival to their site telling the user that it uses cookies, and that they can opt out if they wish. Many others have simply updated their privacy policy.

Something that we’ve suggested to all clients is to conduct a cookie audit and establish the use of cookies on their website, including whether they’re first or third-party and their level of intrusiveness.

If the website does use third-party cookies; we recommend implementing a pop-up box or translucent status bar either at the top or bottom of the web page informing users of the cookies when they first visit the site, and directing them to your updated privacy policy which specifies just how exactly the cookies on your site work.

The legislation was updated the day before enforcement to state that “implied consent is a valid form of consent”. What this means, is that the responsibility is essentially shifted towards the user rather than the site operator, so if they continue to use a site knowing that it uses cookies, this is ‘implied consent’.

Therefore, giving users the option to opt out of cookies isn’t completely necessary, as long as they know and understand the cookies used on a website before using it. Plus, if a user opts out of cookies – you won’t gain any Google analytics for their visit.

Although the ICO are keen not to fine websites which don’t fully comply, they are looking for signs of moving towards compliance; so if you haven’t yet, it’s very important you at least carry out a cookie audit of your website.

As well as taking the steps to comply with the law, it’s important for a trusting brand-customer relationship that you’re honest from the start about your intentions with cookies on your site.

Feel free to take a look at our blog post on the new legislation where we outline three simple steps to comply, or check out the ICO’s website for details of what’s expected of websites.

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Branded 3 discuss the EU Cookie Law.

Branded3 is an award-winning Digital and Search Agency made up of experts, specialists and artisans who deliver business-changing results for our clients.  Adopting a holistic approach, Branded3 integrate Design, Build, SEO and Social Media to deliver a user-focused, technically robust and search and social optimised web presence. The fusion of these expertise delivers better engagement with customers, improved conversions, higher rankings and increased traffic; accelerating business growth. For more information, please visit www.branded3.com or follow on Twitter @Branded_3.