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EU Privacy and Communications
Directive – May 26th 2011

Matt Stannard – CTO
matt.stannard@4psmarketing.com / @mattstannard
New Legislation

                  As of May 26th, the EU’s Privacy and
                  Communications Directive comes in
                  to place – this incudes the way
                  Cookies on websites are used.

                  This presentation covers:

                  •   Cookies
                  •   What is changing
                  •   Why the legislation is changing
                  •   What to do
Cookies
What are Cookies?

Cookies are small files which websites
can place on to a users computer to
store information.

This may be as simple as when they
last visited a site to data relating to their
personal preferences.

Cookies are used by Google Analytics
as a way of identifying a users journey
through a web site.
What is Changing?

Historically privacy policies contained information about
what Cookies websites used and why they used these
Cookies.

Some Web Browsers would allow you to block cookies
but the control a user had could be limiting.


New legislation requires websites to have “positive” opt-
in from the user for all Cookies. This includes Google
Analytics.

The one exception is for Cookies used to maintain the
state of a users shopping basket.
Why Change?

         At a first glance the change may seem like one which
         could confuse the average user.

         However, it should deliver and give ultimate control of
         disclosing information to the user rather than allow a
         web site to make this choice.


         The best solution is to allow the settings to be
         maintained through the browser, perhaps in a similar
         way to the “padlock” when you visit a secure site.

         A cookie icon could show a user the cookies a site
         uses allowing them to opt-in or opt-out accordingly.
What should I do?

The ICO has deferred compliance for one year by which time
we would expect browser based solutions to be implemented.
This does not mean we should ignore the changes.

Best practice would suggest looking at what cookies you
use and why. Think about whether they are necessary,
what value do they add and what would the implication be if
a user chose to opt-out.

Decide on a way to communicate to your users what
cookies are used and gain their trust and ultimately Opt In.

Arrange a review with your Account Manager to review your
cookies and discuss a sensible strategy.
Related Links

• http://www.ico.gov.uk
  Information Commissioners Office

• ICO Press Release – Companies given 12 months to “Get their
  house in Order”.
  http://www.ico.gov.uk/~/media/documents/pressreleases/2011/enforc
  ement_cookies_rules_news_release_20110525.pdf

• ICO Advice on new Cookie Legislation
  http://www.ico.gov.uk/for_organisations/privacy_and_electronic_com
  munications/~/media/documents/library/Privacy_and_electronic/Practi
  cal_application/advice_on_the_new_cookies_regulations.pdf

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4Ps Cookies Legislation

  • 1. EU Privacy and Communications Directive – May 26th 2011 Matt Stannard – CTO matt.stannard@4psmarketing.com / @mattstannard
  • 2. New Legislation As of May 26th, the EU’s Privacy and Communications Directive comes in to place – this incudes the way Cookies on websites are used. This presentation covers: • Cookies • What is changing • Why the legislation is changing • What to do
  • 3. Cookies What are Cookies? Cookies are small files which websites can place on to a users computer to store information. This may be as simple as when they last visited a site to data relating to their personal preferences. Cookies are used by Google Analytics as a way of identifying a users journey through a web site.
  • 4. What is Changing? Historically privacy policies contained information about what Cookies websites used and why they used these Cookies. Some Web Browsers would allow you to block cookies but the control a user had could be limiting. New legislation requires websites to have “positive” opt- in from the user for all Cookies. This includes Google Analytics. The one exception is for Cookies used to maintain the state of a users shopping basket.
  • 5. Why Change? At a first glance the change may seem like one which could confuse the average user. However, it should deliver and give ultimate control of disclosing information to the user rather than allow a web site to make this choice. The best solution is to allow the settings to be maintained through the browser, perhaps in a similar way to the “padlock” when you visit a secure site. A cookie icon could show a user the cookies a site uses allowing them to opt-in or opt-out accordingly.
  • 6. What should I do? The ICO has deferred compliance for one year by which time we would expect browser based solutions to be implemented. This does not mean we should ignore the changes. Best practice would suggest looking at what cookies you use and why. Think about whether they are necessary, what value do they add and what would the implication be if a user chose to opt-out. Decide on a way to communicate to your users what cookies are used and gain their trust and ultimately Opt In. Arrange a review with your Account Manager to review your cookies and discuss a sensible strategy.
  • 7. Related Links • http://www.ico.gov.uk Information Commissioners Office • ICO Press Release – Companies given 12 months to “Get their house in Order”. http://www.ico.gov.uk/~/media/documents/pressreleases/2011/enforc ement_cookies_rules_news_release_20110525.pdf • ICO Advice on new Cookie Legislation http://www.ico.gov.uk/for_organisations/privacy_and_electronic_com munications/~/media/documents/library/Privacy_and_electronic/Practi cal_application/advice_on_the_new_cookies_regulations.pdf