Our evaluation, recommendations and examples for UK companies
With the new UK “cookie law” now in force, many UK companies will be wondering what they need to do to be within the law. Given the difficulties in interpreting the guidance on this law we thought it would be helpful to create a summary of what the largest companies have done to comply.
If you missed it the ICO issued new, detailed guidance on Friday 25th May, this included a big change with more advice on implied consent. If you haven't read that, it's important to "get your head around it". It's actually good news since it means explicit opt-in, e.g. through a pop-up isn't necessary as we thought it might be at one point.
The companies I evaluate here will have the resources to implement the changes and to take the decisions balancing interpretation of legal requirements against problems against a…
New detailed guidance for marketers released by the Information Commissioner (ICO)
Value/Importance: [rating=5]
As of 27th May 2012, the new "cookie law" which is part of the 2011 amendment to the Privacy and Electronic Communications Regulation 2011 is now in force. There was a dramatic change in guidance from the ICO just before the new law came into force stating that "implicit consent" is the main requirement now. If you're involved with managing websites we recommend you download the new PDF from the ICO, read our short summary below or read the Guardian announcement.
In a separate post we've taken a look at examples of how UK companies are complying with the UK cookie law.
Recommended links:
18th June 2012 - ClickThrough 9 page whitepaper advising on compliance
26th May - Cookies law changed at 11th hour to introduce 'implied consent' - Guardian
25th May - Download PDF new guidance released by information…
What actions do email marketers need to take?
The new cookie law is not really only about cookies; the law does not even mention cookies by name. Instead, its focus is improving consumer privacy and consumer awareness of how their information is used online.
15th May 2012 update: Since Tim wrote this post, the DMA have created new email marketing privacy guidance for email marketers with the IAB. Tim says the guidance is essentially the same as his interpretation of the law in this post. The DMA also have a downloadable guide for Email and cookie legislation.
The key change is in clause 6, which is headed Confidentiality of communications, of The Privacy and Electronic Communications Regulations (or its friendly name PECR).
Eight words were removed from sub-clause 1 so it now reads:
"6. —(1) Subject to paragraph (4), a…
Only one month from today to comply with the new law
Value/Importance: [rating=5]
Recommended link: Ecomplished survey
We’re getting close to the deadline for compliance with this law, it’s a month away today.
In previous posts we’ve alerted readers to the latest guidance from the ICO on implementation for the cookie law and different solutions (Solution #1, Solution #2 and Solution #3).
With a month to go, here is a timely survey of 100 retailers’ response to the directive published by Ecomplished. The survey suggests:
29% of UK retailers believe on-site 3rd party cookies are someone else’s problem
34% plan to use compulsory pop-ups for opt-in
47% believe their cookies are non-intrusive and therefore exempt
Implications of the survey results
The Ecomplished survey suggests if you…
In our previous guidance notes on solutions to comply with the "cookie law" we have covered:
A cookie-free analytics system
The Cookie Collective cookie audit and toolbar toolkit
In this article Tim Gurney of Wolf Software takes us through his cookie privacy software solution which uses a modal dialog similar to the one below. Thanks for your detailed response Tim!
We think it's great this has been made available as a fee free solution if the Wolf Software brand mark is shown - a good option for SMEs? For larger companies the system can use the companies own brand ident for a fee. This is an example of a un-tailored implementation:
Question 1. Please describe your solution to cookie opt-in compliance?
Our current solution evolved from our original standalone solution for Google Analytics. This provided a simple drop in compliance solution specifically…
Our interview with Richard Beaumont of the Cookie Collective
This is our second look at a technology solution to help marketers comply with the new "cookie law". This was the first - an interview about a cookie free analytics system.
The Cookie Collective have created a toolkit which can help site owners do a free cookie audit and place a consent message on the site giving information about cookies. This is how the consent message looks for the Cookie Collective script:
So, onto the questions, thanks to Richard for his clear responses.
Question 1. What solutions do you have to help marketers many compliance with the EU directive relating to cookies?
The Cookie Collective wanted to create a complete end to end service enabling any website to become compliant with the new law, and we have built a suite of products to achieve this.
The…
An interview with Oliver Birleson of Maxsi Limited
Following on from our posts and discussions on how to best implement the cookie law by May 2012, we're going to take a look at some of the technology and consulting solutions available to help marketers comply.
Our first post is an interview with Oliver Birleson of MaxSi Limited who are offering a cookie free analytics system based on their established eVisitAnalyst product.
Question: Why have you developed your solution?
We have developed eVisit Analyst 8 due to the demand for an analytics system which retains optimal functionalisation regardless of whether or not visitors have disabled cookies. Moreover, as the Information Commissioner's Office have deemed analytics as 'non-essential' cookies, there is the need for an analytics system that is not reliant upon visitors giving their positive consent to store cookies. Users of eVisit can therefore have an analytics system which does not fluctuate dependant…
Will the W3C browser proposals help EU businesses implement the new Privacy Directive?
Value/Importance: [rating=5]
Recommended link: W3C announcement and BBC Summary
On Smart Insights, we’ve discussed the challenge for marketers of the new laws requiring disclosure on how cookies affect privacy which come into full force in May 2012. Many marketers and site owners have hoped that a browser-based solution would stop the need for expensive and disruptive system updates to their sites. Well, if you’re in that category, this looks like good news. The World Wide Web consortium (W3C) which sets many online standards has worked together with many well known online companies to help define a solution. These include Adobe Systems; Apple Inc; Center for Democracy and Technology; Deutsche Telekom AG; Facebook; Google Inc.; IBM; Mozilla Foundation; Microsoft; Opera Software; Stanford University; The Nielsen Company; TRUSTe; and Yahoo! Inc.
The new approach released on the 14th…
Major changes to how products are sold defined in 10 new consumer rights
Value/Importance: [rating=5] For transactional sites - retail, travel, etc
Recommended link: EU Official summary
A summary of the new directive
We're alerting you to this EU press release of 10/10/2011 that has a good summary of theses 10 new consumer rights which will affect all transactional sites. You can also read a full description of the new directive.
The most significant changes are:
Pre-checked tick boxes opting into additional products banned (I was a recent victim to this - a hotel cancellation insurance for a booking - it’s that sort of thing)
7 day purchase refund period extended to 14 days
Total costs have to be displayed (low-cost airlines beware)
Timing
The new directive was first discussed as a proposal in Oct 2008. Following publication of the final directive governments have 2 years to implement the rules at national level. So there is…
An overview of the implications of the new 01/03/2011 marketing guidelines
Importance: [rating=5] (if you're based or market within the UK)
Link: ASA Advertising CAP code - see guidance on "Recognition of Marketing" in the non-broadcast media which is relevant to social media, content marketing and native advertising
Our commentary: The ASA's new online extension is important for UK marketers since it now covers marketers own marketing claims on their own websites and in other non-paid for space they control.
According to the ASA the scope is as follows - you can see it applies to both B2C, B2B and not-for-profit / charity activities. The CAP code extension covers:
Advertisements and other marketing communications by or from companies, organisations or sole traders on their own websites, or in other non-paid-for space online under their control, that are directly connected with the supply or transfer of goods, services, opportunities and gifts, or which consist…
