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thoughts from the frontline<br />

With the EU Cookie Directive<br />

now in force, digital marketers<br />

and retailers are going to have<br />

to ensure they comply, while<br />

still aiming to gather valuable<br />

data on online behaviour.<br />

Companies with online services<br />

need to ensure compliance with<br />

the law as the Independent<br />

Commissioner’s Office (ICO)<br />

has powers to penalise noncompliant<br />

companies after May.<br />

<strong>Retail</strong> <strong>Systems</strong> got the experts’<br />

reactions...<br />

Michael Ross, director of<br />

eCommera, says: “Finally, last month,<br />

the ICO issued their updated guidance<br />

on the cookie policy – to say there was<br />

a last minute change of heart would be<br />

an understatement.<br />

The whole premise of the cookie<br />

regulation has moved from requiring<br />

‘informed prior consent’ to now accepting<br />

that ‘implied consent’ will suffice for<br />

most situations.<br />

It is a banal end to a year of stress and<br />

anxiety for commercial players online<br />

where the only people to benefit have<br />

been the lawyers.<br />

The banality of the ICO’s approach<br />

is embarrassing. They appear to<br />

have decided that it is important for<br />

consumers to understand the intricacies<br />

of cookies before they are safe to use<br />

the internet. Really? It is like expecting<br />

people to understand the basics of<br />

quantum mechanics before they can buy<br />

a microwave.<br />

I have worked in the online world for<br />

18 years and, whilst I understand what<br />

cookies enable, I have little understanding<br />

of how they work in practice. And why<br />

cookies? What about HTML5? What<br />

about browsers?<br />

The reality is that consumers want<br />

things to work and they want to make<br />

sure that their information is not abused.<br />

How that happens in practice is the job<br />

for intelligent legislators and regulators.<br />

It is shameful that the UK is kowtowing<br />

to pointless EU legislation at a time when<br />

when should be positioning the UK as a<br />

global internet hub.”<br />

Mark Haviland, MD at Rakuten<br />

LinkShare, says: “While the EU<br />

Cookie Directive has given a few online<br />

businesses and marketers headaches<br />

over the past year, ultimately the<br />

conversation about privacy has<br />

been productive. Trust and privacy<br />

are paramount and we should all be<br />

actively promoting open dialogue and<br />

transparent business models.<br />

Shoppers are becoming increasingly<br />

discerning online, and the debate has<br />

encouraged brands, agencies and other<br />

online businesses to assess the quality<br />

of marketing they serve to audiences,<br />

and the respect they show for privacy.<br />

It’s a call to action to turn data insights<br />

into a better online experience, so that<br />

consumers want to opt-in, be it implicit<br />

or explicit.<br />

As an industry, if we want to deliver<br />

the tailored and personalised experiences<br />

that shoppers increasingly expect, the<br />

proper use of data is essential.”<br />

Andy Mulcahy, head of<br />

communications at IMRG, says:<br />

“There has been a lot of concern<br />

in the industry that the new cookie<br />

opinion<br />

requirements could prove disruptive<br />

to the user experience and lead to<br />

potential customers leaving a site.<br />

While many consumers seem to find<br />

the whole concept of cookies and what<br />

they are used for confusing, the fact<br />

that the latest eCustomerServiceIndex<br />

results from eDigitalResearch and<br />

IMRG showed 89 per cent regard<br />

the new regulation as a positive<br />

step suggests there is actually a real<br />

opportunity for retailers to increase<br />

trust and loyalty.”<br />

Derek Eccleston, Head of<br />

Research, at eDigitalResearch,<br />

says: “It’s unsurprising that general<br />

consumer knowledge surrounding<br />

cookies and their uses is a bit confused.<br />

However, now that the new rules and<br />

regulations have come into force,<br />

retailers and websites will need to be<br />

doing everything in their power to<br />

effectively and efficiently educate<br />

visitors on how cookies are used,<br />

especially those most essential to<br />

site performance.”<br />

• Of the 2,000 online consumers<br />

surveyed by IMRG and eDR, 75 per<br />

cent had not heard of the new<br />

EU cookie directive. And of those<br />

that had, only 16 per cent were truly<br />

aware of what changes would come<br />

into effect.<br />

opinion<br />

RS<br />

June - July 2012 RS 21

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