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etail technologynew EUcookie rulesIn part two of his new series, David Mackley continues to look at cookies, and discusses whatactions you can and should take to move towards compliance, as well as looking at the debateon analytics cookies- Part 2 -If you own a website, then you should beaware of the new Cookie Law introduced on26 th May, 2012. This is part of new regulationsintended to protect people’s privacy andimpacts on all owners of websites that usecookies. The rules have caused much debate inthe on-line community as businesses try andinterpret their meaning. Many commentatorssay that the guidance seems to be intentionallyvague and leaves many questions unanswered.Nevertheless, it is up to the business ownerhow they interpret the rules and determinethe appropriate course of action.Actions to move towards compliance1. Carry out a cookie auditAt the very least, you should show that youare aware of the issues the Directive seeksto address and have begun to take steps tocomply. You should then identify what cookiesare being used – hopefully your websitecompany can help you work this out. It’simportant to recognise that this is not just ‘firstparty’ cookies that are set from your websitedomain but also any third-party cookiesfrom social networks, web analytics tools andadvertising networks.Some of these cookies may only becomeevident at key stages in the customer journey(e.g. on a sales confirmation page), so it isimportant to review these in detail by walkingthrough the pages in question. Remember toinclude all websites you are responsible for, forexample, a blog that might be on a differentplatform, and any campaign micro sites.2. Evaluate the privacy impact of each cookieOnce you have identified all the cookiesassociated with the site, the next step is toevaluate the privacy impact of each one. Thiswill be based on the category of cookie aspreviously discussed in part one.3. Decide how you will inform users ofyour websiteAt the very least, your website/s shouldprovide users with information about cookies,what they are and why they are used, as wellas explaining which cookies are used on yourwebsite and what for. The ICO’s guidancedocument does provide some useful examplesof how to draw users’ attention to cookie andprivacy policies. For example:• Change the wording of the hyperlink, usingthe phrase ‘cookie and privacy policy’.• Moving the link from the footer to a moreprominent position on the page.• Using a different text colour to make the linkeasier to spot.4. Decide which method you will use forgaining consent, if requiredWhere you need user consent, decide whichsolution you are going to use. Your websitedesign company will hopefully be able to helpyou out here. The solution you eventuallychoose will depend upon your own attitude tothe regulations.craftfocus 99