PDF: High-resolution (30Mb) - Craft Focus Magazine

new EU cookie rules“Of all the third party cookies,the one that is causing mostdiscussion is Google Analytics.If you run Google Analytics onyour website then it has probablyinstalled a tracking cookie. ”Third party cookies and the topic ofGoogle AnalyticsOne of the main areas of debate is aroundthird party cookies. Strictly speaking, the ownerof a website a user visits is deemed legallyresponsible for any cookie setting. So, even ifthe cookie was placed there by a third party aspart of an agreement with you, it is you that isresponsible for it.Of all the third party cookies, the one thatis causing most discussion is Google Analytics.If you run Google Analytics on your websitethen it has probably installed a tracking cookie.At the moment there is a lot of debate aboutwhere Google Analytics cookies sit with theregulations, and at time of writing there hasbeen no response to the new regulationsfrom Google.If Google Analytics is classed as a ‘targetingor advertising cookie’ then an opt-in isrequired. In this case, websites the world overwould need an opt-in facility. It is likely that alargely uneducated public would opt-out ofusing the cookie, and this would mean thewebsite owner would lose a lot of the datathat analytics provides.The Information Commissioner is aware ofthe difficulties of compliance in the complexmulti-jurisdictional world of third party displayadvertising, ad networks and agencies, but, toreiterate, is clear that this complexity is nota defense for non-compliance. Dave Evans,Group Manager for Business & Industry at theInformation Commissioner’s Office (ICO), said:“It’s highly unlikely that organisations will getinto trouble because of one cookie or a fewcomplaints, but we would seek to address anypotential issues with the company concerned.In these situations we would be more likely toprovide advice to the organisation. It is unlikely– but not impossible – that we would takeaction just for analytics cookies.”In an interview with The Register,Communications Minister Ed Vaizey saidhe wished that web analytics fell into theso-called ‘strictly necessary category’ in theICO’s guidelines on the legislation. “We needto understand that consent is not blackand white. Both the ICO and I have said onseveral occasions that there is a sliding scale ofintrusiveness which should inform the level ofeffort you go to,” said the minister. “Obviouslysomething like analytics or feature-basedcookies are pretty low on that scale, and Iknow that the ICO will take that into account.Of course, that doesn’t mean that you don’tneed to go to any effort at all, but somethingwhich tracks how many users visit a page ishardly the priority here.”The situation is not really helped by the factthat some government websites – includingwww.ico.gov.uk – have a Google Analyticsopt-in, whereas others have not, such aswww.direct.gov.uk; even though it uses GoogleAnalytics it relies upon a link at the bottom ofthe website saying: ‘Privacy and Cookie Policy.’The ICO does drop a large hint that it doesnot regard analytics cookies as posing a seriousrisk to privacy. In the very last paragraph ofthe 27-page guidance document, it states: ‘Itis highly unlikely that priority would be givento focusing on uses of cookies where there isa low level of intrusiveness’ and includes ‘firstparty cookies used only for analytical purposes,provided clear information is given on the site.’WordingIf you are looking for advice on the words touse on your cookie information page, the ICCguidelines include some example wording foryou to use. CDavid Mackley MBA BSc is MD of IntelligentRetail – providers of Multichannel EPoSand eCommerce websites for independentretailers. If you have any questions, you cancontact David on T: +44 (0)845 680 0126or E: dmackley@intelligentretail.co.uk100 craftfocus