New EU ICO Cookie Law Takes The Biscuit

What a load of cr*p. A perfect summary to explain this new legislation coming into force from May 25th 2011.

Once again the UK has to follow the "yes sir" commands from the European Union - one thing that I am sure we are all sick of.

In short, to the annoyance of every website owner and certainly before long to the users of those websites we must now ask for consent to store cookies. Not all cookies are included in this legislation, but after a phone call to the ICO even they don't know accurately what cookies are excluded. Basically only essential cookies such as ecommerce shopping baskets are allowed - provided they don't store personal data.

Any cookie that stores information about the user, or the user's behaviour must acquire permission before it is stored.

This DOES, without question extend to using Google Analytics. No website is allowed to use Google Analytics without the user's permission as they store data via a cookie. Until now, Google don't seem to have formally announced any plans to change their system - they have stayed quite probably because it is not their problem. This means for every site using Analytics that the data they get may not be accurate as many users would likely click "no" to storing tracking cookies. Personally, I'd rather not have Analytics if it means annoying buyers.

Don't be fooled into thinking that its Google's system so they should be the ones getting permission.

The responsibility for all 3rd party cookies on a website is the sole responsibility of the website owner, not the 3rd party.

Welford Media Limited will be contacting clients shortly to discuss a fix to this potentially industry damaging change and will work to resolve the best, compliant solution for all websites.

For more information (or only a little more since even though its law from tomorrow - they have not released the final "rules") visit www.ico.gov.uk you can also see their take on how to implement this by the banner at the top.