New web law will see cookies crumble
New web law will see cookies crumble
Last May a new EU e-Privacy Directive was issued, which said that all websites using cookies must get consent from users before dropping a cookie on their device. Recognising that this would be a major challenge for the web community, 12 months grace was given for websites to comply – which means on May 26th the directive will be enforced.
An e-consultancy survey recently revealed that 82% of digital marketers think the new law is a “bad thing”. It has undoubtedly shaken the web world, with some hailing it as the death of the web. That view might be somewhat dramatic but regardless, the change won’t be without its problems.
So what is a cookie?
In tech speak a cookie is a small file downloaded on to a device (PC, mobile etc) when a user accesses certain sites. Data is then stored to enable the website owner to identify the computer to personalise and track the user experience.
Cookies are used for a multitude of reasons, but most commonly they are used for tracking visitor behaviour (analytics) and for online shopping (shopping baskets). Without cookies website owners can’t learn more about how their website is used and therefore improve it, and where a site is commerce based, the absence of a cookie will affect the entire site usability: if a site can’t remember what you put in your basket how can you buy the goods?
The origins of the new directive stemmed from growing concern over user privacy. Speculation in the industry suggests that this is likely to be a result of third party cookies tracking user behaviour away from the site where they originated. Remember looking at that top on that shopping site and then visiting your email account, only to see that very same top again in the advertising space? That activity is known as behavioural targeting.
The key to this entire directive is that it’s opt-in, not opt-out. Most websites include some information about cookies in their privacy policy, with instructions of how to disable them. So in theory they are giving users the option to opt-out of cookies, albeit in a quiet and hidden place. The difference now is that users have to give consent to the use of cookies before websites can drop one on their device at all.
In a nutshell, websites using cookies will have to:
- Tell people that the cookies are there
- Explain what the cookies are doing
- Obtain consent to store a cookie on their device
To find out more and what action you should take a look at the full article, including an EU cookie compliance checklist. If you need help on your road to compliance, Ware Anthony Rust can help.