In May last year a new law came into effect that requires all websites to get consent from the user before using cookies. In December the Information Commissioner’s Office (ICO) issued further guidance, which you must comply with by May 2012.
What are cookies?
Cookies are used by websites to remember information about you. The most common uses of them are:
- To remember what you’ve added to your shopping basket
- To remember who is logged into the website
- To monitor how you use a website
What does the new law say?
In addition, you must ensure that the user understands exactly what they are agreeing to by giving them clear information about what cookies are and how you use them.
Why was this law passed?
The aim of the law is to make people more aware of the privacy implications of cookies, to give users an informed choice, and to prevent websites tracking users without their knowledge.
Who does the law affect?
How long do we have to comply with it?
The ICO has given us until May 2012 before they will start enforcing the law.
However, they have made it clear that they expect to see progress being made well before then because it could take some months to achieve compliance – so you should act now.
What do you need to do?
The ICO has laid out clear steps it expects you to go through:
- Conduct an audit to check what cookies your website uses and what they’re used for.
- Assess how intrusive your use of each cookie is to the user’s privacy, so you can prioritise fixing the intrusive ones.
What will happen if you don’t?
The maximum penalty for not complying with the law is £500,000 for a serious breach, but that would only be given in extreme cases.
The ICO has made it clear that their response to any complaint will be proportional to (1) how intrusive the cookies are, and (2) how much effort you have made towards complying with the law.
In other words, they will probably go after the biggest and worst offenders first, but if they receive a complaint about your website you must be able to show that you haven’t ignored the new law completely!
How can Alberon help?
We can also implement any technical changes required to reduce or eliminate privacy concerns, and get consent from users before using cookies.
If you want help complying with the cookie law, call us on 01865 794009 or email us.