Tick Tock Tick Tock - 32 Days And Counting
Time is running out……..and the EU privacy directive deadline is gathering speed.
The debate over the EU cookie regulations has gathered steam recently, as the deadline for compliance on 26th May 2012 comes ever closer.
EU Commissioner Viviane Reding’s regulations aim to standardise how all data is treated across the 27 EU member states and would give the authorities the ability to penalise companies up to two per cent of global annual turnover if there is a violation. The consequences of ‘doing nothing’ are too business critical to ignore.
The European Directive 2002/58/EC on electronic data privacy (processing of personal data and the protection of privacy), states that all users must have given consent before a cookie is stored on their computer.
Any company running a website that serves a UK market must gather evidence which shows that they are taking steps to comply with the legislation.
There has been a lot of resistance to the directive so far but the harsh reality is that this directive WILL happen whether we like it or not even if some think the ICO are taking the biscuit.
The fact that regulators have been so active over the last month is a clear indication that this law is being taken seriously and that regulators intend to see it enforced in 2012.
The regulators are making it clear that this is your problem, not theirs. UK information commissioner Christopher Graham dealt with this head on:
“If you have decided that this is all too difficult, that you don’t want to give your users choices about how your web pages might collect information about them … then be assured that if we get complaints or have concerns then we will be checking your site and we will take the necessary steps to ensure that you do work towards compliance.”
Any company running a website that serves a UK market must show that they have taken actions to satisfy the current ICO requirements. Based on common interpretation of the situation, we believe that performing a cookie audit and producing the appropriate output documentation should fulfil this.
Why do I need a cookie audit?
A cookie audit is the first step you should take towards UK cookie compliance and EU cookie compliance.
If you operate a website in the UK or in the EU, you are required to identify all the first party cookies and third party cookies in use on your website.
The best first step towards doing this is to perform a cookie audit.
How does my site become cookie compliant?
The UK ICO understands the role of pragmatic solutions. The ICO continues to push for cookie audits and is open to a range of innovative ways to bring the discussion about tracking to the consumer.
How will this particular cookie crumble?
So what does this really mean for your company? To help you understand these new rules and the impact they may have on your user experience, fresh out of the bakers oven, I Spy have a developed a list of ingredients that are essential in the form of a ‘Cookie Audit’. Through our audit we will:
- Identify and analyse what type of cookies you are using, your current policies for obtaining consent from your customers and how you are using them
- Grade your cookies as essential, non-essential and non-intrusive, non-essential and intrusive, or obsolete
- Produce a cookie usage audit report – this will outline what each cookie is for, how intrusive it is, whether it is first or third party, how to get more information on it, and what to do about it
- Produce a cookie usage statement to add in to website’s privacy section – this will outline what each cookie is for and how to get more information on it
- Give general advice on how to ensure your website is compliant with the ICO directive as defined at the time of the audit
The main things to remember are:
- Begin the process of assessing each of your websites cookies and clarifying the purpose of each one
- Respect your users privacy! Be clear to them about what the cookies are being used for and how it affects them.
- Ask their consent if required
As a leading digital marketing agency with experience across search, social media, website optimisation and display advertising I Spy have significant experience in helping businesses understand their customers’ online experience and journey as well as data management and analysis.
In recognition of our market leading expertise in the area of analytics, data and conversion optimisation, we were appointed the sole UK agency partner in the launch phase of Google’s new Premium Analytics product.
Don’t delay and fall foul of the law, get in touch and let us help you ensure you are Cookie Compliant.
