Since we last discussed the EU Cookie Law (its adopted headline title… this is about user privacy remember!), and we creep ever closer to compliance judgement day, 26th May, what’s the latest on how the EU might enforce this law and how has the UK online business community been reacting recently?
Doom merchants are still prophesising the end of the ecommerce world as we know it, but others are perhaps more level-headed and pragmatic in their views on whether this law can actually be fully enforced in the way the Directive set out its suggested compliance almost a year ago.
To recap, the fundamental change is the ‘opt-in’ requirement around cookies versus the existing ‘opt-out’ option that websites currently include in the small print of their Privacy Policies tucked away at the bottom of their web pages. Making this clearer is the EU’s intention, but as our recent What’s Hot piece reflected, there isn’t anything currently in the Directive distinguishing between different cookies… remember, not all cookies are bad for you.
Cookies Explained
There are essentially 3 types of cookies that are under scrutiny here;
- Those that help user experience, remembering your font sizes, pre-populating forms, where you are in an order/your basket contents, and allowing users to comment and share content on social networks. Typically 1st party.
- Those used to retarget you with ads based on your behaviour. Often 3rd party (e.g. ad networks) and at the heart of the privacy issue.
- Those that website owners will use for analytical purposes, which for many online ecommerce businesses, is absolutely critical for their existence.
Recently even the Government Digital Services has stepped up to question the validity of making analytical cookies opt-in, and Mr Ed Vaizey himself has been liaising recently with browser providers to see what can be done at this level to apply the rules (this has some way to go as browsers need to become more intelligent to handle opt-in/opt-out tracking). The Directive’s wording around this might offer some narrow allowance around point 3 and maybe even point 1… “if what you are doing is ‘strictly necessary’ for a service requested by the user”… but the area is grey, at least for the next 7 weeks!
Current, Suggested Fixes For Sites To Achieve Compliance
The Information Commissioner’s Office (ICO) which is overseeing the application of the Directive in the UK, has offered some initial suggestions for compliance;
- JavaScript pop-up box on every site – this would explain cookie usage and provide ‘yes’ and ‘no’ options for consent. Horrible solution for most… as we all know how much everybody hates pop-ups and most browsers block them anyway.
- Splash page – a big user experience (and SEO) faux-pas.
- Header and/or footer bars– shown along the top and/or bottom of the home page to first time visitors with a tick box to allow users to consent, with cookies disabled until the visitor ticks to indicate consent.
- Remember preferences – enhanced wording of ‘remember preferences’ such as language or font size to ensure that it’s clear that a cookie will be required to do so.
- Flagging at Terms & Conditions level – an option where users have to log into their account. They would need to give ‘specific and informed’ consent to these pages, so consent cannot be assumed just by changing the terms and conditions
- In addition to this, the law also requires that Privacy Policies, typically hidden for obvious reasons perhaps, are more prominent, sited more visibly on the page.
What Should You The Advertiser Take From This?
Recently posting impressive growth figures – online display has increased 27% year-on-year across 2011 according to a recent IAB study – it is clear that the online display channel has been driven by the increasing number of behavioural targeting opportunities that now exist. The UK has spawned many innovations and indeed innovators… a whole industry around user data interpretation and usage… so naturally the industry is concerned.
the7stars believes that privacy is an important issue, but if user data is anonymous, website user experience is enhanced and industries flourish in the UK, then with a level of control, hopefully we can be allowed to effect these campaigns to the benefit of all.
The likely outcome? A quick roundup of comments from our numerous network and exchange suppliers suggests they are unsurprisingly favouring the ad level solution that has been adopted by some… that is, the AdChoices logo in the corner of any display ads that are retargeting users. But this is clearly opt-out rather than opt-in, so that sits at odds with the current Directive. Seems as though confusion still reigns.
Until 26th May, and likely beyond, we are available to advise objectively on any and all methods of behavioural targeting so please call with any queries around current or planned campaigns and we’ll be happy to answer them!
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