The UK Privacy and Electronic Communications Regulations finally came into force on 26th May to much confusion (not to mention snarling and gnashing of teeth). Known as the Cookie Law, it actually applies to all tracking online.
Controlling tracking sounds like a great idea doesn’t it. Protect our privacy and all that.
But, cookies aren’t bad, evil or even affect our privacy for the most part. Businesses online need cookies.
From analytics to social sharing to shopping carts – all these features need some form of tracking information to work. They don’t take down your name, address and date of birth and send them to some criminal underworld to have your identity stolen. They just make everything work and allow businesses to measure what is going on with their website.
Some cookies that are necessary to make a website work – like shopping carts – are exempt. However, essential cookies for running a business online – your analytics – are not.
A Cookie Opt In?
The new cookie rule meant website owners need to ask permission to drop cookies on visitors’ computers.
At the eleventh hour the ICO changed their mind about how the rule could be implemented. Implied consent is now Ok – they said that the day before the rule was implemented.
If they were clear right at the very beginning most of us would have just said, “These are the cookies used on my website, it’s up to you the viewer to block them if you choose.” That would have been that, no headaches, no wasted time, and for some businesses no small fortunes spent implementing cookie controls.
Cookie Opt In Pitfalls
Deep down, I like rules. I’m comfortable working within guidelines, you know where you stand (although, it’s true if I don’t like where I am standing I tend to kick up a bit of a fuss!) So, I left my cookie opt in box on till now, while I measure the impact.
But, I am also a business. Without measuring how my website is doing, I have no way of improving it or removing things that don’t work.
Cookie optin was definitely not working for me. My analytics were useless.
I knew how many people came to the site, and where they came from. Useful info like how long people stayed and whether they clicked through to other pages suddenly disappeared.
My bounce rate shot up to 96% – a bounce is when people click on your website and then leave again without viewing any other pages.
Average time on site dropped to 13 seconds and 97% of my visitors were “new” visitors.
What was I doing wrong?!
Actually, nothing. What the numbers do tell me is when given the choice to opt in to cookies, most people ignore the request. No surprises there then, that’s human nature.
So, the cookie opt in has gone. I can’t work blind.
For those of you who are seriously concerned about cookies, you can turn them off in your browser. All About Cookies has instructions for most browsers.
You can find details of the cookies used on this website in the privacy policy too. There’s nothing extreme – Google Analytics, social sharing, YouTube, my email optin and of course WordPress session cookies because this website runs on WordPress.
What are your thoughts on the Cookie Law? Have you made steps towards implementation? Your comments are welcome below.
Why I Removed My Cookie Opt In Box by Jan KearneyGrab your guide to local search and learn:
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Sue Worthington says
Hi Jan
So what are the actual rules re cookies and are there cookie police looking for the rule breakers – I don’t get it? But I am sure you will explain – simply please – I’ve never got cookies!
Sue
Jan Kearney says
Hi Sue. As you know I am not a legal eagle, so can’t advise on Law. This is my opinion only. The cookie law says..
a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment-
(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
(b) has given his or her consent.
Consent isn’t defined, but the guidance basically said you can’t rely on browser settings and came up with all these other options. It wasn’t until the day before that the ICO came out and said, actually we didn’t mean that, implied consent is ok – which is what we did anyway as part of our privacy policy (because that’s been Law for years). So, instead of saying, we use cookies, this is what a cookie is… we now say – we use cookies, this is what a cookie is and these are the cookies we use. http://www.guardian.co.uk/technology/2012/may/26/cookies-law-changed-implied-consent
Guidance for cookies is over on the ICO website http://www.ico.gov.uk/news/latest_news/2011/~/media/documents/library/Privacy_and_electronic/Practical_application/guidance_on_the_new_cookies_regulations.ashx
Is there a cookie police? General consensus is that the ICO will be waiting on complaints and taking action on businesses who have not made any step towards compliance. Steps are outlined in a previous post https://www.mylocalbusinessonline.co.uk/uk-cookie-law-comply-video/
Hope that helped!
Caroline J says
Ooh! the Cookie Police! That sounds like an interesting organisation Sue Worthington! Do they go soggy if left out of the tin!
To be serious for a moment, like you Jan have just added to our Privacy Policy. -Caroline
Jan Kearney says
LOL Caroline! Trust you! Visions of soggy men wandering around now. Thanks for stopping in and the smile 🙂
Galina St george says
Hi Jan,
Thank you for such an educational article. From my personal experience of using websites since 26 May, I have never been asked for a permission by any of these websites to store cookies on my computer. Is it just that nobody is doing it, or am I missing something? I have been told that simply placing a visible note on your site that your website is using cookies is sufficient. But from the quoted document it does not look like it, and it is worrying. Will try to read more about it to see how others are keeping up with the law. Great post!
Kind wishes,
Galina
Lizz Riley says
Well said Jan. I’m not doing anything till I know more otherwise I’m sure I’ll make things worse!