Most websites by law need to comply with the UK Cookie Law

The new UK Cookie Law

By Paul Leeson

Some of you may have heard of the new UK Cookie Law that is coming into force on the 26th May 2012.

If you haven’t, this means that all sites that track peoples visits to your website or use cookies may be required by law to let the visitor have the choice as to whether they want their visit tracked or if they would like to allow cookies. This can be implemented into your website as either a pop-up agreement box or an information bar at the top of the site that the visitor has the choice to agree to.

What sites are affected?

Any site that tracks a visit i.e. Google Analytics or uses cookies will probably need to have this implemented. So if you use Google Analytics or have an e-commerce website or any other system that uses cookies or tracking systems then you may be required to add an opt-in to your website. See the BBC website for an advanced example.

Exceptions from the requirement to provide information and obtain consent:
There is an exception to the requirement to provide information about cookies and obtain consent where the use of the cookie is strictly necessary for the provision of an information society service requested by the subscriber or user.

This exception is likely to apply, for example, to a cookie used to ensure that when a user of a site has chosen the goods they wish to buy and clicks the ‘add to basket’ or ‘proceed to checkout’ button, the site ‘remembers’ what they chose on a previous page. This cookie is strictly necessary to provide the service the user requests (taking the purchase they want to make to the checkout) and so the exception would apply and no consent would be required.
Extract from ICO.GOV.UK (PDF)

What does it mean for your visitors?

Visitors will be presented with a pop up or message where they need to agree to being tracked or accept cookies whilst using your website.

There are obvious concerns with this law. We are as unhappy about this law as you will be.

What can you do?

We can provide a service to make your website compliant for free in most cases*. If you would like to discuss this further please contact us and we can explain the law in more detail and how it affects you and your website.

*This applies to sites with Google Analytics tracking.