News

New crazy cookie law really takes the biscuit!

27 May 2011

On 26th May 2011 new laws came into force that will significantly affect most websites on the Internet. One of the most significant requirements of the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (UK Regulations) is that a website user must give their consent to the placing of cookies onto their computer by the website.

The good news is that hours before the law came into place the Information Commissioner's Office (ICO) has said it is giving website owners a year to get themselves ready before they enforce this new cookie law.

The ‘opt-in’ requirement for cookies could have huge implications across the web. Cookies are used by most website to anonymously track users and aid their overall browsing experience. Ecommerce websites are a perfect example where the use of cookies is almost essential to anonymously track a user’s progress throughout the shopping process including the selection of goods and the subsequent checkout process. To address this the regulations do not require user consent where the cookie is "strictly necessary" to allow the website to provide a service – for example, adding to online shopping baskets. However there is still a distinct lack of clarity and no one seems certain as to what exactly is required to comply with the new regulations.

This is another classic example of the EU using a sledge hammer to crack a nut.

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