Cookie law changes

21st December 2011

From May 2012, an EU directive on digital marketing will come into effect in the UK. This will change the presumption of consent, so websites can only use cookies if the user has opted in to having their cookies used in this way – and the fine for non-compliance will be up to £500,000.

The concern of many retailers is that asking people to fill in cumbersome forms can lead them to abandoning the site altogether. Also, it is human nature to say ‘no’ when a site requests to use your data. Even if you find it helpful to have recommended items you may like based on your past purchases, or use behavioural advertising to help you shop, people are naturally and understandably cautious about giving permission to use data online and are likely to be willing to forgo the benefits it brings to ensure continued privacy.

It will be a huge challenge to get people to understand what data the site wants to use (and crucially what it doesn’t) and persuade them this is a benefit to allow you to use this.

The jury’s still out on how Britain will need to react to the EU directive – a proposed interpretation of the rules by European Advertising bodies was recently dismissed as not going far enough. Businesses need to start preparing for a worst case scenario – identify what cookies your site uses, evaluate if there are alternative ways to collate this data and if not how you can gain consent to use it without seriously impacting on the user experience.

And don’t forget, we can help!  If you want to discuss how to amend your site to meet the new legal requirements, or if we've built a website for you and you're not sure if it uses cookies, just contact us.