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European Cookie law - the "Cookie Directive"

March 28, 2011 7:08am

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  • #1 / Mar 28, 2011 7:08am

    Simon Cox

    405 posts

    For those of creating sites based in Europe there will be a new law coming into force on the 25th May regarding cookies and privacy known as the “Cookie Directive”.

    Effiectivly the user will need to be asked if they agree to be tracked via cookies. In an EE implementation this will gernerally affect membership sign up where we can add it as part of the Terms and Conditions on registering but what is not clear at the moment is how far reaching the requirement is.

    Do we need to ask permission if we are using MI cookies - Google Analytics for example?

    Some shopping carts rely on cookies to pass information to gateway payments systems, is this included - we all know that making users sign up for membership will reduce sales dramatically?

    Are there any other EE add ons or implementations where non members get cookies set and how are people dealing with this?

    More on this story here:
    http://www.bbc.co.uk/news/technology-12668552
    http://www.pcworld.com/businesscenter/article/222640/yahoos_offers_cookie_optout_button_ahead_of_new_eu_law.html

  • #2 / Mar 28, 2011 2:25pm

    Rob Sanchez

    335 posts

    From what I’ve read, things like shopping carts & user authentication, ie cookies that are essential to the operation of the site, are exempt.

    http://www.clickz.com/clickz/news/1700584/eu-adopts-law-requiring-user-consent-cookies
    http://eu.techcrunch.com/2011/03/09/stupid-eu-cookie-law-will-hand-the-advantage-to-the-us-kill-our-startups-stone-dead/ (1st comment)
    http://www.mywot.com/en/forum/10454-changes-in-eu-legislation-privacy
    http://www.google.com/support/forum/p/Google Analytics/thread?tid=6a4329cd152b47e1&hl=en

    There is also the notion that the user’s browser settings to allow cookies are implied consent.

  • #3 / Mar 28, 2011 3:33pm

    Rob Allen

    3114 posts

  • #4 / Mar 28, 2011 3:46pm

    grrramps

    2219 posts

  • #5 / Apr 03, 2011 1:54pm

    Nora

    41 posts

    That’s the most ridiculous thing I’ve ever heard.
    I wouldn’t worry about it though. There’s no way they can enforce it. 😊

  • #6 / Apr 09, 2011 9:05pm

    arg

    1 posts

    This law is so stupid. And I agree.. I can’t believe they think they can enforce something like this.

  • #7 / Apr 09, 2011 9:16pm

    grrramps

    2219 posts

    I wonder—if I put a fee into my Terms and Conditions page (you read those, right?) that says everyone who reads a page on my site must pay me $1.00, what would be the best way to enforce it? It would be difficult to find the name and address of each visitor, right? So, that being the case, why not insert a charge for $1.00 per page for crawlers, spiders, bots, et al. Those addresses would be easier to obtain. Google hits my site for a few thousand pages a week.

  • #8 / Apr 12, 2011 9:02am

    hairydalek

    18 posts

    In order to see what is what in this area, I am looking at various bits of information. The most important one is that the cookies are opt in - that means to say that you have to ask permission before cookies are set. This is set to be UK Law, and even though the ICO are not immediately going to come down on a site’s owner immediately, it will happen as time goes on. So we need to be ready. As the company I use EE for is based in the UK, this is clearly important, and we need to workout how to comply.

    As well as the usual suspects - that is to say Google Analytics - I note that there are some cookies that appears to be set by ExpressionEngine:

    exp_last_visit
    exp_last_activity
    exp_tracker

    I don’t know what these are, so I’d need the functions of these explained. They appear to be about tracking visitor behaviour - exactly the kind of thing this EU directive seeks to control. I also need to know how to control the setting of these cookies - specifically how to stop them being written until permission is granted.

    I do not believe in the cavalier attitude of the “they won’t catch us” - I need to take this seriously so I can advise on what is what and to plan any action needed to make the site more compliant.

    Thanks.

  • #9 / Jun 28, 2011 3:31am

    There’s another thread here on the same subject that has some info on the EE Cookies:

    http://ellislab.com/forums/viewthread/190422/

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