05-04-2012

From the 25th May 2012 a new privacy law comes into effect across the EU. The law requires that websites ask visitors for consent to use most web cookies.

Practically all websites use cookies, which are an extremely common technology for remembering anything about a visitor between webpages. Cookies are commonly used for login, remembering preferences and tracking visitors.

The new law is intended to help protect your privacy. For example, if you search for "web design glasgow" in Google, they uses cookies to remember this. Later in the day, on another website, Google may target web company ads at you because they remember who you are.

The vast majority of small websites don't do this, but they do track visitors to their website, e.g. via a tool like Google Analytics, and they use social media plugins like Facebook Like buttons.

What does this mean for you?

Most EU websites will need to change, or break the law. The fine for not adhereing to this new law is £500,000!

Over 92% of websites use cookies at the moment. They'll either have to stop using cookies, or start asking for permission.

To ask for permission, a website must interrupt their visitors with a popup asking permission. Problem with this, most users have browsers set to block pop-ups so a workaround solution has been created using Javascript. But this can also be turned off in your browser if the user desires it. So the law is hard to implement... and stupid!

No one wants to add this to their website, and most visitors are unlikely to be happy about it.

There are other solutions but they all have a negative effect on the experience of a website. Your site could stop using cookies, but generally only by losing a lot of functionality on their site, and because cookies are so ubiquitous, this isn't easy.

Does this affect websites outside the EU?

The location of your hosting is irrelevant, but the location of your business is not. Your business must fall within the legal jurisdiction of the EU. Each EU member has their own laws but may differ slightly. For most small/medium organisations, being located in the EU will mean you must comply.

Does this affect all cookies?

The vast majority will be affected apart from those that are "strictly necessary for a service requested by a user".

The law allows an exception for "strictly necessary" cookies, such as remembering when something has been added to a shopping basket. Another example would be login.

What should I do?

In our opinion, it would be impossible for the governing body to implement this law as their are millions of websites out their spanning many countries. How on earth can they police this is anyones guess.

We can not stress enough how stupid this law is and feel it will fall to the wayside in the next couple of years.

As the video above suggests, we would hold off on doing anything unless you are contacted by the governing body and asked to implement it.

But if you feel you must to add this to your website, then contact us, and for a small fee, we can make your site compliant.

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