New EU Law set to Require Cookie Consent

[Ambitions2012]

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BBC News - New net rules set to make cookies crumble

I'm I the only one who thinks this is going to turnout to be a bit of a nightmare.

They set these laws with little regard for the impact it will have on businesses, no debate just BANG, new law starts May 25th apparently.

This annoys me on so many levels, even if I weren't marketing on the web the idea that we need popup boxes constantly asking for our permission when we're surfing.

I seems that this will require each site that engages in placing cookies on the users browser to ask "explicit permission". It's not hard to imagine that after some time since this will become very irritating that browsers like FireFox will probably offer an accept all cookies or deny all cookies option. Which will lead to a huge increase in untrackable traffic.

[kcheung]

It's not hard to imagine that after some time since this will become very irritating that browsers like FireFox will probably offer an accept all cookies or deny all cookies option. Which will lead to a huge increase in untrackable traffic.

you have no idea how unenforcable this actually is...for a test, simply surf the web with your firefox set to ask permission for each and every cookie dropped...it'll drive you nuts. Firefox (at least a few years ago) already had an option that would allow you to block all cookies, and in more savvy users cases i'm sure they clear cookies after each session already.

as for things being untrackable, you're right its a backwards step, but there are other solutions (unique voucher codes for example) that can help with tracking

I think its be ill thought out, basically as an EU law to help protect their dying print ad industry.

[Mogga]

dying print ad industry.

Reports out today indicate that printed media might be bad for you.
(It now looks likely that it's the source of toxins in food packaging made from recycled materials)

[dunx69]

So as affiliate marketeers should we do? should we be putting up a disclaimer pop up or what? I have no idea how to do A popup with accepting disclaimer to cover myself on each page or front page.

also what happens if they navigate in to another page not your home page - how do you cover yourself.

[kcheung]

So as affiliate marketeers should we do? should we be putting up a disclaimer pop up or what? I have no idea how to do A popup with accepting disclaimer to cover myself on each page or front page.

also what happens if they navigate in to another page not your home page - how do you cover yourself.

how about a bigger question - what about international sites? does it apply to .com as well as .co.uk, what about .ie?

[Ambitions2012]

what happens if they navigate in to another page not your home page

I'm gathering they expect at least one disclaimer per site to agree to cookies. Possibly you could ask for permission for future repeat visits to the same site from that vistor.

I'm thinking of just emigrating to Aus and running my UK sites from outside of the EU.
What part "World Wide Web" do these bureautwats not understand, why damage any home advantage online EU businesses should have when a US based co.uk sites won't ask for cookie consent.

[ChrisJohnson]

Thought on the 'consent rule' from i-policy...

Old Law

'is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information…about the purposes of the processing, and is offered the right to refuse such processing'

Draft New Law

'is prohibited unless the subscriber or user concerned has given his/her prior consent, taking into account that browser settings constitute prior consent, and is provided with clear and comprehensive information'

New Law as Passed

`is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information'

[dunx69]

So this only applies to co.uk sites based on uk hosting?

Sorry about caps

[Ambitions2012]

Well the Draft law sounded more hard line than the one that passed.

But aren't 99.9% of marketing sites already in violation of the Old Law since no one really offers a opt out of cookies option anyway?

[Hero]

IAB UK, and the AMC alongside it, have been involved in this for well over a year now and my understanding is that there should shortly be some announcements on the matter, clarifying the UK law and what it means for the online industry.

This is an EU directive, so all country-members have to implement the law and monitor it as well.

[john-pp]

It won't matter where your servers/sites are based soon because the FTC (federal trade commission) in the US is already implementing similar regs and because of that pressure all the new browser versions IE, Firefox and Safari etc will all include new ways of thwarting ads and blocking cookie tracking.

The answer? Well even though the new regs shouldn't affect shop basket tracking I think most of the major networks will probably have contingencies for moving over to cookie-less tracking but this will only be a workaround for one of the issues these new rules throw up!

[dunx69]

It won't matter where your servers/sites are based soon because the FTC (federal trade commission) in the US is already implementing similar regs and because of that pressure all the new browser versions IE, Firefox and Safari etc will all include new ways of thwarting ads and blocking cookie tracking.

The answer? Well even though the new regs shouldn't affect shop basket tracking I think most of the major networks will probably have contingencies for moving over to cookie-less tracking but this will only be a workaround for one of the issues these new rules throw up!

what about the likes of travela ffiliates, my websites are mainly holiday based with people clicking on links and possibly booking a holiday that way rather than shopping basket style...

[Osiris]

To put it bluntly: This is gash.

[KevinEdwards]

Hi,

You might find my interpretation of the IAB's current standpoint useful. I've had a number of meetings with people involved in guiding how the law is transposed across Europe and the discussion is still ongoing so subject to change - happy to take any questions, will do my best!

Recital 66 of the Directive allows for consent to be expressed by web browser settings but existing browser settings won’t be enough to ensure compliance. The key area will be around ‘informed consent’ which could lead to enhanced browser settings.

It’s worth remembering consent is not required if the use of cookies is ‘strictly necessary’ for a service explicitly demanded by the user. So it could potentially be argued that some affiliate functions, especially cashback sites, require cookies to function effectively.

We know the UK Government has been supportive of the digital industry’s endeavours to ensure minimal disruption of existing working practices and the UK, as the digital leader in Europe, is working closely with France and Germany to offer a cross-territory, universal approach.

At present the UK Government is leading two work streams, one looking at publisher solutions and the other enhanced browser settings.

It’s likely what happens with behavioural marketing will be crucial in how the EU views digital marketing more widely. As this type of marketing sits at the heart of the privacy debate the EU will look to this area in order to gauge how effective the industry is at regulating itself. I know the IAB is working hard to implement an accreditation for behavioural marketers similar to how ad networks created universal standards of best practice for their part of the industry via IASH

[nickynoodles]

To put it bluntly: This is gash.

Exactly. Just like the Windows Media Player EU nonsense of yesteryear, browser developers will be forced to package up EU compliant versions of their browsers that nag you every 7 seconds about a new cookie. Everybody will use the non-EU versions and the world will continue to turn.

Some committee of EU bureaucrats will have been kept in their overpaid jobs for 3 years debating this cr*p, while they could have been doing something productive like trying to regulate the banking sector.

As with the Windows Media Player debacle, the net outcome will be that nothing changes, but millions of pounds and thousands of hours are wasted to get there.

Blocking Oracle from buying MySql would have been a much better use of resources, but I digress.