(http://upload NULL.wikimedia NULL.org/wikipedia/commons/thumb/2/23/Sage_and_apricot_cookie%2C_May_2009 NULL.jpg/300px-Sage_and_apricot_cookie%2C_May_2009 NULL.jpg)Image via Wikipedia
As of today, most EU based websites are illegal!
In order to track visitors in analytics software, keep track on a visitor’s shopping basket or to serve adverts, a website uses Cookies. These are tiny files with very basic information in which a website already knows about you and stores it on your computer so that when you come back, it can repopulate the data. They’re wonderful little things and while it may sound intrusive, they can only access the information which they already know, they can’t steal card or bank details, they can’t see whether you bought X product on another site.
Anyway, the EU released a directive that ALL EU websites must actively ask permission from the website visitor before using these cookies… every EU website you ever go on will be constantly asking you whether you accept them or not. If you don’t, your website is illegal.
In the UK, we have a year to comply so don’t panic just yet. 26th March 2012 is the deadline for anyone interested.
Personally I feel this law will be retracted or adjusted because it will be a blow for the EU in a very competitive marketplace: Targeted advertising!
In order to target advertising, cookies are completely necessary, EU advertising companies are going to have to comply to this law more than any other company and that’s going to result in fewer impressions and fewer clicks. Advertisers will instead be forced to outsource to the US or other parts of the world where the Cookie (http://en NULL.wikipedia NULL.org/wiki/HTTP_cookie) directive doesn’t apply.
There is a loophole however, firstly the law doesn’t specifically mention cookies, it covers any data left on a user’s computer. Secondly it does say that ‘unless it is completely necessary for the operation a user is performing.
This means your Google tracking cookie is out, but the cookie which keeps track on a user’s shopping cart is in.
The ICO’s own website (the enforcers of this law) have one workaround in the form of a top banner. Unfortunately this is so badly implemented that if you try navigating around the site, some pages break and are unusable because they previously relied on cookies!
Further problems I foresee is the ‘terms and conditions effect’ where users are so used to clicking ‘agree’ without a second thought, to argue that they knowingly opted in is questionable. Users could however be tricked into agreeing to anything. Websites aimed at children would fall into difficulties when a person under 18 isn’t allowed to enter into a contract and therefore any content served would need to be confirmed by an adult before the site can legally use cookies.
It’s a minefield and a very badly thought out one at that.
So technically most EU websites are now illegal, it’s ok for another 12 months and we can all hope that someone with some forward thinking steps in and puts a halt to it or amends it in some way before we’re all spending a fortune getting these added, arguing with WordPress (A US company), and others, about building this into their software, and just becoming desensitised further into ‘agreeing’ to online contracts.