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Thread: The Cookie Law - Why I won't be Complying

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    Ex-User scriptmonkey's Avatar
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    Exclamation The Cookie Law - Why I won't be Complying



    There have been an inordinate amount of threads on this and many other forums regarding the EU cookie Law (for which the grace period runs out on Saturday), mainly along the lines of 'How should I implement this?', 'I'm worried about this', 'Help with cookie law implementation', etc.

    Today I took the decision that I won't be kow-towing to any directive that forces me as a webmaster to adjust the code of my sites.

    You may or may not be aware that I like a good ruck, and have already compiled my defence (and my defence fund) for if/when I get hauled up before the beak. I feel confident that I can, not only win any case brought against me, but, I can also get the focus of this law to shift towards the real insidious internet user tracking that goes on.

    For the spirit of clarity, transparency and fair play, I hope that the enforcers come after me, because if they do, they will have to look in a lot of places that will hurt a lot of big businesses.

    BRING IT ON
    I've left the forum to farm sheep and cattle.

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    Re: The Cookie Law - Why I won't be Complying

    Quote Originally Posted by scriptmonkey View Post
    There have been an inordinate amount of threads on this and many other forums regarding the EU cookie Law (for which the grace period runs out on Saturday), mainly along the lines of 'How should I implement this?', 'I'm worried about this', 'Help with cookie law implementation', etc.

    Today I took the decision that I won't be kow-towing to any directive that forces me as a webmaster to adjust the code of my sites.

    You may or may not be aware that I like a good ruck, and have already compiled my defence (and my defence fund) for if/when I get hauled up before the beak. I feel confident that I can, not only win any case brought against me, but, I can also get the focus of this law to shift towards the real insidious internet user tracking that goes on.

    For the spirit of clarity, transparency and fair play, I hope that the enforcers come after me, because if they do, they will have to look in a lot of places that will hurt a lot of big businesses.

    BRING IT ON
    As I understand it, it is impossible to fully comply with this law unless you bombard your visitor with opt out popups in the manner of the following site :

    EU “Cookies” Directive. Interactive guide to 25th May and what it means for you

    The best bet is to simply put up a prominant link on your homepage to a privacy/cookie policy page explaining what cookies are, why they are needed, and state that the visitors implied consent is given by using the site.

    AND state on the same page how retarded the directive is, how it was in response to legitimate concerns over behavioural advertising, and that affiliate cookies bear no relation to such things, AND put up a link to UKIP and inform your visitors that voting to pull out of the eUSSR is the only way to stop this madness and the economy crumbling completely.

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    Registered User Iskander's Avatar
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    Re: The Cookie Law - Why I won't be Complying

    Cordoba, I agree with some of your take in part and with some of your take completely.

    But really, what is all this UKIP promotion? If you want to support UKIP, that's entirely your own democratic option.

    However, none of this has anything to do with Performance Marketing.

    The European Cookie Directive's origin is pretty much a side issue right now.

    If the same directive had come from Westminster, would you be in favour of your region (I'm assuming it's not Andalucia) divorcing from the rest of the UK?

    Many UKIP supporters appear to be in favour of the UK, even as they are opposed to the EU. The inconsistency here is so self-evident, it's nearly embarrassing. You think the UK actually exists? You think England actually exists? You think the West Country or the Black Country or East Anglia or the North actually exist? No, they are all products of ongoing propaganda and institutionalised forms which then substantiate the propaganda, just as the propaganda ongoingly legitimises the institutionalised forms.

    However, (I repeat), none of this has anything to do with Performance Marketing.

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    Super Moderator kier's Avatar
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    Re: The Cookie Law - Why I won't be Complying

    I'm part of the South East London Independence Party. Our view is if you don't have a Morley's then you're no brother of ours.

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    Looks like you can spend your defence fund.
    http://m.guardian.co.uk/technology/2...y&type=article

    Implied consent is now OK so we find ourselves back where we started with many companies having spent money preparing for something that never happened.

    These moron politicians should keep their noses out of what they don't understand!

    Glad I did nothing and spent no money now.

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    Re: The Cookie Law - Why I won't be Complying

    Nice find.

    It's a shame, I was actually looking forward to exposing the tracking that goes on right now, and the courtroom seemed a great place to do it. I'll wait for another opportunity
    I've left the forum to farm sheep and cattle.

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    Re: The Cookie Law - Why I won't be Complying

    You do wonder whether any regulatory body is actually even half capable of dealing with a real serious issue directly without generalising it and passing the buck to everybody else. What an overpaid load of incompetent pen-pushers.

    @scriptmonkey
    You could always set about them with your defence fund and see if you can get compensation for the time spent p....g about, as a result of their bodging.

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    Ex-User scriptmonkey's Avatar
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    Re: The Cookie Law - Why I won't be Complying

    Hmm, shame we don't have Class Action proceedings in the UK. Seriously, it didn't cost me any time or money, so I'd be pissing in the wind.
    I've left the forum to farm sheep and cattle.

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    Re: The Cookie Law - Why I won't be Complying

    Must be very frustrating for the AMC, IAB and all those involved who spent a load of time and effort.

    Having said that, the good thing is that at least AM now has all the background, has had a lot of debate and should the situation change, everyone is a little wiser.

    I just hope there is some way the dodgier side of targeting still has to comply with something - some of them must be laughing their heads off.

  12. #10
    Super Member KevinEdwards's Avatar
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    Re: The Cookie Law - Why I won't be Complying

    Implied consent was always the ultimate goal and was laid out by the ICO as the destination that informed consent would deliver. I covered off the concept of implied consent in the Affiliate Window guide sent out last week. The concept isn't anything new and reiterates what I also reported on here: ICO delivers compliance message ahead of May deadline | IAB AMC

    It's good the ICO has continued to build on the interpretation but remember this is the UK transposition of the law. Here's what the ICO has stated about implied consent in its updated guidance:


    "Implied consent is certainly a valid form of consent but those who seek to rely on it should not see it as an easy way out or use the term as a euphemism for “doing nothing”. In many cases, to create a situation in which implied consent is acceptable to subscribers, users and the regulator it would still be necessary to follow the steps set out in the Information Commissioner’s existing guidance.

    "To explain further it might be useful to unpack what we actually mean by the term “implied consent” remembering throughout that consent (whether it is implied or express) has to be a freely given, specific and informed indication of the individual’s wishes.

    "For implied consent to work there has to be some action taken by the consenting individual from which their consent can be inferred. This might for example be visiting a website, moving from one page to another or clicking on a particular button. The key point, however, is that when taking this action the individual has to have a reasonable understanding that by doing so they are agreeing to cookies being set."

    It loops back to what we've long said: it depends on the trust relationship you have with your site users. I would say hardening of implied consent completely endorses the work of the AMC - linking to the new affiliate marketing explained site will help significantly towards achieving implied consent: Online Performance Marketing, Cookies and You
    Kevin Edwards, Strategy Director
    Tel: +44 (20) 7553 0354
    kevin.edwards@affiliatewindow.com
    http://www.affiliatewindow.com

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    Re: The Cookie Law - Why I won't be Complying

    Quote Originally Posted by KevinEdwards View Post
    Implied consent was always the ultimate goal and was laid out by the ICO as the destination that informed consent would deliver.
    Yeah there was a bit of Twitter storm about this at the weekend, mostly off the back of that Guardian article. I read most of it and didn't see anything new at all, apart from the ICO updating their website to be in line with what they have been saying in presentations and industry workshops etc... They possibly should have done this earlier.

    For those that took an active interest in the new law it's not really an issue, nor has it wasted the millions of pounds people were harping on about over the weekend. It's not a coincidence that many of the sites who got something up for Saturday went for the implied/informed consent model. They didn't just react to a last minute change and shelve their full solutions, they'd been following the ICO advice for months beforehand, like we have been discussing on this forum.

    As Kevin says websites should still have a page to inform and educate users that they can read if they wish. Some people reported the story as if it meant we could just do nothing now and I'm sure that isn't the case at all.

    I think most people complaining on Twitter about the change and wasted millions can't be directly affected by this law or they'd have already done some research and known what was coming. Bit of a non-story really.

  14. #12
    Super Member KevinEdwards's Avatar
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    Re: The Cookie Law - Why I won't be Complying

    Having digested the revised ICO guidance in full the Guardian article is fundamentally misleading for several reasons:

    • The ICO has always supported and provided an explanation for what Implied Consent means
    • This updated guidance marks a hardening and significant clarification of Implied Consent - something the ICO has said it would offer in May 2012 for sometime, but welcome nonetheless
    • The onus is still on informed consent. Without it, implied consent is null and void
    • The ICO has reiterated Implied Consent relies on the relationship any website has with its users
    • The ICO has stated "for Implied Consent to work there has to be some action taken by the consenting individual from which consent can be inferred" e.g. doing nothing is not an option
    • The key to Implied Consent is a narrowing of the gap between intended use and range of cookies and the consumer's understanding of them: this has always been consistent with the ICO's advice
    Kevin Edwards, Strategy Director
    Tel: +44 (20) 7553 0354
    kevin.edwards@affiliatewindow.com
    http://www.affiliatewindow.com

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    Registered User Iskander's Avatar
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    Re: The Cookie Law - Why I won't be Complying

    Just wanted to say thanks to Kevin on behalf of our industry for being so on top of all of this e-Privacy Directive thing.

    I'm still confused as to what I am supposed to do next.

    At this point, I have:

    1) An explicit Cookie Policy (not identical to, but very much following the template of the one here: Privacy & cookies on this site ) which I have linked to via a footer link at the bottom of the footer of every page on the site.

    2) I have conducted a site cookie audit and I have included a table on the Cookie Policy page which lists and describes the function of all the cookies on my site (not identical to, but very much following the format of the table here: Privacy notice - Information Commissioner's Office - ICO).

    All of this probably took about 2 hours to undertake and double-check - remarkably less than the amount of work I initially thought I might need to carry out.

    And... now what do I need to do?

  16. #14
    Super Member KevinEdwards's Avatar
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    Re: The Cookie Law - Why I won't be Complying

    Hi there,

    Without seeing the above in context it's difficult to say with certainty. Whilst not strictly compliant, because we're a B2B company we felt the approach we've taken on our homepage: Affiliate Marketing - Affiliate Window - Affiliate Network was sufficient (although there is no option to opt-out). We also think this is a relatively unobtrusive and non-interruptive solution. You might want to consider something similar, you could even do what BT.com has done and have the alert disappear after a few seconds.

    If you're not technically adept to do this I would say you might have done enough for now, although again, it's all open to conjecture and interpretation.

    One thing you might want to consider is the prominence of the Privacy policy (or 'about this site') link. I would be inclined to make these quite prominent, in the understanding that few people will want to click on them anyway.
    Kevin Edwards, Strategy Director
    Tel: +44 (20) 7553 0354
    kevin.edwards@affiliatewindow.com
    http://www.affiliatewindow.com

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    Re: The Cookie Law - Why I won't be Complying

    Quote Originally Posted by KevinEdwards View Post
    One thing you might want to consider is the prominence of the Privacy policy (or 'about this site') link. I would be inclined to make these quite prominent, in the understanding that few people will want to click on them anyway.
    I've had a Cookies page link in my main navbar on a few sites and so far around 1% of users click it. There were more on Saturday (skewing this average) when this was in the news but now it's just the odd person now and again. In fact it is 0.25% today.

    I'm happy to include it in a header navbar rather than hide it in the footer as hardly anyone will look at it anyway.

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