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Cookie Laws have Changed – Does your Website Comply?

The latest round of web related legislation changes are all about ‘cookies’ - the small files placed in on a computer that track visitor behaviour. And if websites are not compliant in just under twelve months, harsh penalties could result for their owners.

What has changed?

Prior to 26th May 2011, websites only had one rule to follow relating to cookies, and that was to inform visitors they were being used and offer an opt-out option. In many cases this information was stated within the privacy policy, so few people took any notice of it.
The changes introduced by this latest European Directive on cookie rules mean that all websites will have to directly ask permission to store and retrieve information on users’ computers or other browsing devices.

Businesses will have 12 months from May 2011 to comply, or face the not-yet-released penalties.

There is a twelve month easing in period so that everyone has time to become compliant. However, it is a good idea to take action sooner rather than later because website developers will no doubt be very busy in 2012 if everyone leaves the changes until the last minute.

What action should be taken to comply?

Your web designer will be able to identify what types of cookies your website uses. This is important, as it may be the case that your site only uses those which are essential to its running, in which case there is no need to do anything.

However, if your cookies are more intrusive, it is likely some changes will need to be made to your website so that the required visitor permission can be obtained. One option is to install a pop up which directly asks a user whether they agree to the use of cookies to store their information. An alternative could be to ask visitors to accept your website's terms and conditions of use on their first visit, or when they complete a purchase or sign up to your mailing list.

Your website designer will discuss all the options with you and will ensure your site is compliant. Don’t leave anything to chance or assume you won’t be found out if you decide not to take action. It is not yet known how hefty the fines will be if complaints are made and upheld, but whatever their size, they are best to avoid. Take action today, get ahead of the game and speak to your website designer about the new cookie rules.