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26th of May - final day! After - £500 000 fine

by alexgold87
68 replies
Hi folks,

Just want to warn members from EU and UK especially.

"EU Cookie Law"

26th of May is the final date when you can fix/tweek your websites. After this date all websites are using cookies MUST to get approval from it's visitor that your website will store cookies on visitor's PC/Laptop/Tablet/Mobile.

If your website will not ask for approval and will store cookies without permission you can be liable to £500 000 fine by EU law.

Check may be you have:
1. Social plug-ins
2. Any tracking codes
3. Google analytics or similar

Having any third party codes means that your website use and store cookies.

EU law can be applied only for websites which are hosted in EU zone.

How to avoid fine?

Delete all external plug-ins and social scripts

OR

Install one of special pop-up scripts that will warn your visitors.

Thank you very much,
Have a nice day

P.S.: For full information you can visit this website (not mine): http://www.onlinemarketingacademy.uk.com/eu-cookie-law/
#26th #day #eu law #final #fine
  • Profile picture of the author Dan Allard
    Originally Posted by alexgold87 View Post

    How to avoid fine?

    Use USA or other countries hosting providers.
    Wow I didn't know about this, seems like a hard blow to hosting companies in the UK. I'm sure that's not what's intended but that will be the case if that's all online marketers have to do to avoid the fines.
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    • Profile picture of the author timpears
      Originally Posted by Dan Allard View Post

      Wow I didn't know about this, seems like a hard blow to hosting companies in the UK. I'm sure that's not what's intended but that will be the case if that's all online marketers have to do to avoid the fines.

      The law of unintended consequences.:confused: Dumb *******s don't realize this is going to hurt hosting companies in UK and EU. I wouldn't be surprised to see some if not many go out of business. I am sure HostGator will make a bundle off of this. I wonder how that will affect their tax revenues. Sure it won't help them.:p
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  • Profile picture of the author IulianP
    Wow, thanks for saying this!

    I will make some research and see what is all about! Thanks!
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  • Profile picture of the author AdwordsMogul
    I didn't read the post in the link - but if it's true we need to get ready for change, because it's coming fast!

    I think the government and certain large companies are going to attempt to have a very strict control over what we do.

    Let's see what happens.
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  • Profile picture of the author BackLinkiT
    Originally Posted by alexgold87 View Post


    EU law can be applied only for websites which are hosted in the EU zone.

    How to avoid fine?

    Use USA or other countries hosting providers.
    Wrong, wrong and even dangerously wrong!

    I strongly suggest you ignore this advice :rolleyes:
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  • Profile picture of the author tayuyaa
    Why not simply put a privacy policy on your website where you state everything you're going to do with your visitor? I think it would be easier.....imagine if each time we visit a site we need to say whether we agree to store cookies it would be very annoying at least to me.....
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    • Profile picture of the author BackLinkiT
      Originally Posted by tayuyaa View Post

      Why not simply put a privacy policy on your website where you state everything you're going to do with your visitor? I think it would be easier.....imagine if each time we visit a site we need to say whether we agree to store cookies it would be very annoying at least to me.....
      A privacy policy alone will not be sufficient to comply...
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  • Profile picture of the author Joseph Robinson
    Banned
    For those who haven't heard of this law (that was passed last May and will be enforced this May, so really where have you been lol?) and want a little more in depth info on the bill (the OP link is a bit general for my taste and more geared towards selling the plug-in at the top) here is a link from the ICO:

    EU Cookie Law

    Very good in depth article, and the links within lead to some more informative pieces.
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    • Profile picture of the author GoodnightSweetRatRace
      Any advice for a technological retard? This sort of thing is foreign to me (serious)

      How do I know if my hosting provider is storing users cookies, and how can I prevent it?
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      • Profile picture of the author BackLinkiT
        Originally Posted by GoodnightSweetRatRace View Post

        Any advice for a technological retard? This sort of thing is foreign to me (serious)

        How do I know if my hosting provider is storing users cookies, and how can I prevent it?
        This Firefox extension will show you how many cookies you are setting:

        Firefox extensions - View Cookies
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        • Profile picture of the author GoodnightSweetRatRace
          Originally Posted by BackLinkiT View Post

          This Firefox extension will show you how many cookies you are setting:

          Firefox extensions - View Cookies
          Thank you.

          What about affiliate sites, that store a cookie on somebody's computer automatically? For example when somebody clicks on your Clickbank link, you're essentially setting a cookie, aren't you? Does that mean you have to inform them of this.. :confused:

          Too many cookies for one day
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  • Profile picture of the author UMS
    Originally Posted by alexgold87 View Post

    If your website will not ask for approval and will store cookies you can be entitled to £500 000 fine by EU law.
    I would have said 'liable' rather than 'entitled'.
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    • Profile picture of the author BackLinkiT
      Originally Posted by UMS View Post

      I would have said 'liable' rather than 'entitled'.
      If only that were the only error in the post!
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      • Profile picture of the author alexgold87
        Originally Posted by BackLinkiT View Post

        If only that were the only error in the post!
        Yeap, thanks I still work hard on improving my English. Can you please PM me all my errors in my post and I will lovely correct them.


        2SolidDigital:

        It's not so dramatically as Google updates but still can be serious if you will get unwanted mail from government
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        • Profile picture of the author ExRat
          Hi Alex,

          Originally Posted by alexgold87 View Post

          I still work hard on improving my English. Can you please PM me all my errors in my post and I will lovely correct them.
          Just out of interest, what's your native language?
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  • Profile picture of the author alamest
    how can we ask visitor that we are storing their cookies, will there be any pop up or so, tell visitor that we are taking cookies.. it is confusion
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  • Profile picture of the author SolidDigital
    again something just to make worries?

    so that means if i use hostgatr i will be ok without do9ing anything?
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  • Profile picture of the author cooler1
    So this means if you want Google Analytics on your site you need to have a tacky pop-up asking visitors for cookie permission? I'll be removing Analytics then.

    Originally Posted by alexgold87 View Post

    Having any third party codes means that your website use and store cookies.

    EU law can be applied only for websites which are hosted in EU zone.

    How to avoid fine?

    Use USA or other countries hosting providers.
    Where did you hear that it only applies if the website is hosted in EU zone?
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by cooler1 View Post

      So this means if you want Google Analytics on your site you need to have a tacky pop-up asking visitors for cookie permission? I'll be removing Analytics then.

      Where did you hear that it only applies if the website is hosted in EU zone?
      In the pdf it says:
      An organisation based in the UK is likely to be subject to the requirements of the Regulations even if their website is technically hosted overseas. Organisations based outside of Europe with websites designed for the European market, or providing products or services to customers in Europe, should consider that their users in the UK and Europe will clearly expect information and choices about cookies to be provided.
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      • Profile picture of the author alphadude
        I will make sure no hosting takes place in Europe.
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  • Profile picture of the author alexgold87
    2cooler1: I found out the solution during browsing internet. And it's just logic: EU law for...EU websites and...EU hostings.

    Anyway BackLinkiT is right: the key is USING COOKIES.
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    • Profile picture of the author cooler1
      Originally Posted by alexgold87 View Post

      2cooler1: I found out the solution during browsing internet. And it's just logic: EU law for...EU websites and...EU hostings.

      Anyway BackLinkiT is right: the key is USING COOKIES.
      That isn't what I heard. I read an FAQ on the EU law a while ago, can't remember which site it was, but it said that the cookie law applies regardless of which country the site is hosted. It's based on whether the resident lives in the UK.

      Originally Posted by GoodnightSweetRatRace View Post

      Thank you.

      What about affiliate sites, that store a cookie on somebody's computer automatically? For example when somebody clicks on your Clickbank link, you're essentially setting a cookie, aren't you? Does that mean you have to inform them of this.. :confused:

      Too many cookies for one day
      You're site doesn't set the cookie afaik because the cookie is only set if someone clicks on your hop link so the cookie is set by an external site. Someone maybe can confirm this.
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      • Profile picture of the author BackLinkiT
        Originally Posted by cooler1 View Post

        It's based on whether the resident lives in the UK.
        Sorry, guys, but that's wrong too. I suggest you read the PDF from the ICO. There's a link in one of the posts above.
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  • Profile picture of the author Resale Rights Ninja
    Move to Canada. lol. Seriously thought that sucks.
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  • Profile picture of the author Mike Ogbin
    Just move your web hosting account to famous companies such as Hostgator, HostMonster, Bluehost, Godaddy and other USA or CANADA or others except UK& Eu to avoid €500 000 fine which is absolutely no one want to pay it.

    I think it's better to know this much more or probably avoid UK & EU market and focus on others if you don't know how to solve this or you are afraid to get sued from the government.
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    • Profile picture of the author Joseph Robinson
      Banned
      Originally Posted by Mike Ogbin View Post

      Just move your web hosting account to famous companies such as Hostgator, HostMonster, Bluehost, Godaddy and other USA or CANADA or others except UK& Eu to avoid €500 000 fine which is absolutely no one want to pay it.
      As others have stated and Suzzane posted right above you (from the PDF concerning the law itself) this would not matter. If you are based in the UK, you are likely subject to the regulation, regardless of where your hosting is.

      At least read the rest of the thread guys to make sure you haven't already been proven wrong.
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  • Profile picture of the author Jason Perez O'Connor
    The ****ing **** is this ***. BLASPHEMY!
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  • Profile picture of the author nickdamodda
    Originally Posted by alexgold87 View Post

    Hi folks,
    How to avoid fine?
    Host in USA
    False. Good luck if you think that's true.
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    • Profile picture of the author Will Leighton
      Can we not avoid this by just using U.S. hosting with a U.S. registrar and WhoIS protection? How would anyone know unless you specifically state you are in the uk? Sorry if it's already been brought up (I know hosting has, not sure on whois), In a bit of a rush and wanted to put in my input before heading out.
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  • Profile picture of the author AdwordsMogul
    You know, this is what I call government stupidity. At it's best.

    Why in the world would they think of such a dumb thing? Of all the things in the world, they decided "Hey, let's spend some time and resources on figuring out on how to complicate one of the most basic things that happens on the internet."

    Yep. Because that was the most important thing they had on their agenda at that time.
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  • Profile picture of the author Anoosh Kashefi
    WOW! Thanks for this post. It doesn't directly concern me but a GREAT tip to know. That is a huge fine. I mean come on. You should have disclaimers, DCMAs and the works on the page so if people really want to see it they can. But, putting it in their face is asking for failure.
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    • Profile picture of the author Jill Carpenter
      I just had to re-install piwik tonight, and noticed a new area.

      It has a check box for something about privacy and blocking out a portion of someones IP address - and this was there apparently for some laws somewhere. It could be formatted so it pushed a forced permission that let the viewer decide if you could get their full information

      This sounds like a similar thing.

      Looks like there is going to be a ton of sites that people will have to click on some kind of pop up in order to view the site. What a pain.
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  • Profile picture of the author dennis09
    This seems rather pointless to me. What if I have a blog in say, the health niche, and nowhere on my site do I mention that im from the UK or EU. Even further what if I have private whois setup for my domain. How in the h*ll is some euro *sshole going to find out that i live in the EU and am breaking one of their "cookie" laws?? And who's really going to waste time and money browsing through random sites to check the owners county of origin and compliance?? Really??

    Seems like this is more of a "formality" thing to make the public feel good about their government taking "massive action". :rolleyes:
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  • Profile picture of the author onSubie
    I have read through some of the "regulations" before and after visiting the above sites, it seems not much has changed.

    "Cookies or similar devices must not be used unless the subscriber or user of the relevant terminal equipment:
    (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
    (b) has given his or her consent."

    BUT
    (all quoted from ico.gov.uk)

    "The Regulations are not prescriptive about the sort of information that should be provided, but ... (should state) the potential consequences of allowing storage and access to the information collected by the device..."

    "The Regulations do not define who should be responsible for providing the information and obtaining consent. Where a person operates an online service and any use of a cookie type device will be for their purposes only, it is clear that that person will be responsible for complying with this Regulation."

    "The Regulations specify that service providers should not have to provide the information and obtain consent where that device is to be used:
    • for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; "
    So, like... communicating affiliate account data and sales information in order to properly asssign commissions?


    Like a lot of these ham-fisted government regulatory laws, they seem to express the "idea" clearly in their propaganda, but the actual regulations fail on many levels.

    They say you need to get consent, but then don't define what consent is.

    It requires an action on the part of the user. Is checking a box on their computer or browser that says "Allow cookies" enough "action" for consent?

    They don't define who is responsible? If they can't define who is responsible, who will they charge with a violation?

    They don't say what information should be provided in the "warning".

    And to complicate things..

    "Regulation 6 states that consent for the cookie type device should be obtained from the subscriber or user but it does not specify whose wishes should take precedence if they are different. There may well be cases where a subscriber, for example, an employer, provides an employee with a terminal at work along with access to certain services to carry out a particular task, where to effectively complete the task depends on using a cookie type device. In these cases, it would not seem unreasonable for the employer’s wishes to take precedence. However, it also seems likely that there will be circumstances where a user’s wish should take precedence. To continue the above example, an employer’s wish to accept such a device should not take precedence where this will involve the unwarranted collection of personal data of that employee."

    Mahlon
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  • Profile picture of the author EvcRo
    Another stupid law by EUSSR out of touch with reality kommissars. Just ignore it, no local law enforcement organization (that should implement the law) will not bother to alocate resources chasing air ghosts, unless you do some massive cookie stuffing fraud (which may cause you problems theoretically, but practically nobody got convicted from it anywhere, at least to my knowledge).

    Bottom point, ignore.
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    • Profile picture of the author Joseph Robinson
      Banned
      Originally Posted by EvcRo View Post

      Another stupid law by EUSSR out of touch with reality kommissars. Just ignore it, no local law enforcement organization (that should implement the law) will not bother to alocate resources chasing air ghosts, unless you do some massive cookie stuffing fraud (which may cause you problems theoretically, but practically nobody got convicted from it anywhere, at least to my knowledge).

      Bottom point, ignore.
      Great advice. Let me know how that works out for you :rolleyes:.
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      • Profile picture of the author EvcRo
        Originally Posted by Joe Robinson View Post

        Great advice. Let me know how that works out for you :rolleyes:.
        Will work great. You please go and modify your sites (costing x,xxx), drop your conversion (another x,xxx) for a thing that is vague, poor formulated, not practical and no law official understands when and how its applied.

        I live in the EU and i know extremely well how all this type "stupid" eu regulation works (there are many regulations like that, totally idiotic and not applicable). Nobody cares for them.

        Also go and ask DP forum owner how much punishment he got from the millions he made stuffing ebay cookies for years.
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        • Profile picture of the author BackLinkiT
          Originally Posted by EvcRo View Post

          Will work great. You please go and modify your sites (costing x,xxx), drop your conversion (another x,xxx) for a thing that is vague, poor formulated, not practical and no law official understands when and how its applied.

          I live in the EU and i know extremely well how all this type "stupid" eu regulation works (there are many regulations like that, totally idiotic and not applicable). Nobody cares for them.

          Also go and ask DP forum owner how much punishment he got from the millions he made stuffing ebay cookies for years.
          In the UK we have the Office of the Information Commissioner who will enforce this. All it will take is one busy body visitor to your site to report you and...
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        • Profile picture of the author Joseph Robinson
          Banned
          Originally Posted by EvcRo View Post

          Will work great. You please go and modify your sites (costing x,xxx), drop your conversion (another x,xxx) for a thing that is vague, poor formulated, not practical and no law official understands when and how its applied.

          I live in the EU and i know extremely well how all this type "stupid" eu regulation works (there are many regulations like that, totally idiotic and not applicable). Nobody cares for them.

          Also go and ask DP forum owner how much punishment he got from the millions he made stuffing ebay cookies for years.
          Backlinkit explains for you in the very next post why your line of thinking is still wrong. It only takes one person to really mess up your day. Of course it is your business, so "do you".
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  • Profile picture of the author EvcRo
    Please let me know if someone gets fined and how much in compensations he got after suing the state for applying this "law"

    Existing privacy policies on site are enough to fit the poorly worded "consent" in this regulation.
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    • Profile picture of the author opp2012
      What a stinking stoopid law but the man above is right they will get sued , No wonder our economy is in such a mess with silly rules like this , What next

      If you are caught at your computer in you underwear and dressing gown they are going to fine you a million

      Just saying
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  • Profile picture of the author Tony2010
    Also go and ask DP forum owner how much punishment he got from the millions he made stuffing ebay cookies for years.
    Hey EvcRo

    I wouldn't mind knowing more about this?

    I use DP abit, I wondered what all the cookies I have been clearing from DP were...
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  • Profile picture of the author WF99
    **** .. What is their problem ??
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  • Profile picture of the author Ruka
    I'd like to know how Google is complying with this law. They updated their privacy policy, they blasted the UK press with adverts saying they collect cookies. But I don't see them giving us an opt-in for cookies when we visit a Google site.
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  • Profile picture of the author esmein
    If I understand correctly, you can still mine your own server logs with applications like AwStats, which places no cookies whatsoever.

    I'd do that rather than slamming a pop-up in my visitors' face.
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  • Profile picture of the author brettb
    > I'd like to know how Google is complying with this law

    Like I'm complying - telling government to f*ck off.
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  • Profile picture of the author timpears
    I wonder if a simple, small font, notice in your footer stating that this site may use cookies, will be enough to comply with this law? I would be moving my host to the USA, but I am sure that many are happy with their home land hosts. Just saying.
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  • Profile picture of the author Dietriffic
    I think there's perhaps a bit of rubbish being spouted here.

    Admittedly, I didn't know about this. How they expect people to comply with dramatic changes in law without subjects being aware of them, is more than I know.

    Anyway, surely if a pop up with a check box was required, we'd be seeing them on all the major sites in the UK?

    Take the BBC for example. What have is a 'cookies' page, where their cookies are explained in detail. This page is linked to in the footer of all their pages.

    Would it not be right to think that what's good enough for the BBC is good enough for the rest of us?
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    • Profile picture of the author BackLinkiT
      No, definitely not!
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      • Profile picture of the author Dietriffic
        Originally Posted by BackLinkiT View Post

        No, definitely not!
        So, we can expect headlines of the BBC and other news sites very soon being fined up to half a million for using cookies?

        Likely.
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        • Profile picture of the author BackLinkiT
          Originally Posted by Dietriffic View Post

          So, we can expect headlines of the BBC and other news sites very soon being fined up to half a million for using cookies?

          Likely.
          Not at all. It depends on the cookies being set. Every site is different.

          It will be interesting to see if the beeb's site has a different set up on 26th May too but it doesn't appear to use tracking cookies anyway. Just those set at user's request for geo specific weather and the like.

          For this type of less intrusive cookie a prominent cookie policy should suffice.

          I suggest you read the ICO PDF rather than make sweeping assumptions...
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          • Profile picture of the author Dietriffic
            Originally Posted by BackLinkiT View Post

            Not at all. It depends on the cookies being set. Every site is different.

            It will be interesting to see if the beeb's site has a different set up on 26th May too but it doesn't appear to use tracking cookies anyway. Just those set at user's request for geo specific weather and the like.

            For this type of less intrusive cookie a prominent cookie policy should suffice.

            I suggest you read the ICO PDF rather than make sweeping assumptions...
            So EU sites can no longer use Google Analytics?

            Is there an official protest page against this ludicrous law?
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    • Profile picture of the author AdwordsMogul
      Originally Posted by Dietriffic View Post

      ...
      Would it not be right to think that what's good enough for the BBC is good enough for the rest of us?
      Creating the box is the easy part.

      The thing we are worried about is visitor's reaction. How would you feel about putting your credit card details on a site with a cookie warning?

      BBC doesn't take money on their site - we have to. Even if they did they have enough resources to survive, at least in the beginning.

      Again, most people think cookies are some kind of dangerous thing.
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      • Profile picture of the author Dietriffic
        Originally Posted by AdwordsMogul View Post

        Creating the box is the easy part.

        The thing we are worried about is visitor's reaction. How would you feel about putting your credit card details on a site with a cookie warning?

        BBC doesn't take money on their site - we have to. Even if they did they have enough resources to survive, at least in the beginning.

        Again, most people think cookies are some kind of dangerous thing.
        I agree.

        The user experience will be so confusing.

        Have you signed the petition? No Cookie Law - stop the EU's war on cookies
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  • Profile picture of the author HN
    Banned
    What a crock of nonsense! I 've never heard of this law either. Looks like some jackass figured "we've got to find a way to recover from recession so why not come up with another silly law". I wonder how they are going to charge £500,000 to website owners that make $300 per month.
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  • Profile picture of the author steven Clayden

    Put this on your site (plugin available) Cookie Law Compliance Solution | Cookie Control by Civic
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  • Profile picture of the author Dietriffic
    Check out BT's solution.

    On the bottom right, a popup appears telling them that settings are set to 'all cookies allowed' and invites visitors to change the settings if they wish. Does that even comply with the law?

    BT: broadband, TV, phone, home & business
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    • Profile picture of the author Joseph Robinson
      Banned
      Originally Posted by Dietriffic View Post

      Check out BT's solution.

      On the bottom right, a popup appears telling them that settings are set to 'all cookies allowed' and invites visitors to change the settings if they wish. Does that even comply with the law?

      BT: broadband, TV, phone, home & business
      According to the ICO's PDF on the law change, it would seem so. As stated here, browser settings are a proposed non intrusive way of gaining consent:
      One of the suggestions in the new Directive is that the user's browser settings are one possible means to get user consent. In other words, if the user visits your website, you can identify that their browser is set up to allow cookies of types A, B and C but not of type D and as a result you can be confident that in setting A, B and C you have his consent to do so. You would not set cookie D.
      Where a problem would arise though is when the user is not using a browser (mobile web surfing) or working on an older browser that doesn't have these settings as noted in the next paragraph:

      At present, most browser settings are not sophisticated enough to allow you to assume that the user has given their consent to allow your website to set a cookie. Also, not everyone who visits your site will do so using a browser. They may, for example, have used an application on their mobile device. So, for now we are advising organisations which use cookies or other means of storing information on a user's equipment that they have to gain consent some other way.
      The popup that they have seems to account for this "other way" by combining with the browser settings technique and displaying a need for consent before setting these cookies.
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  • Profile picture of the author manicmethods
    What I'm waiting to see is what government sites do... I'm sure some of them use cookies in some way or other, even if it's just for tracking traffic.

    I'm also waiting for some of the big dogs to show off what they're doing. Amazon? Tesco? Ocado? Ebuyer? Ebay? Surely they've ALL got to comply but the only company I've seen attempting to fit in with the law is BT.
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    • Profile picture of the author Dietriffic
      Originally Posted by manicmethods View Post

      What I'm waiting to see is what government sites do... I'm sure some of them use cookies in some way or other, even if it's just for tracking traffic.
      Council sites have an average of 32 cookies, apparently.
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      Weight loss/fitness marketers earn 75% per sale with... The Fat Reversal Formula
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  • Profile picture of the author manicmethods
    I'm not surprised. And in fact, number10.gov.uk has a cookie use page so they clearly use them too, just waiting to see what their ghastly, annoying pop up opt in will look like...
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  • Profile picture of the author Dietriffic
    I think I'm going to contact my local government representative about this.

    They're probably not even aware of it.
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    Weight loss/fitness marketers earn 75% per sale with... The Fat Reversal Formula
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  • Profile picture of the author sammib01
    If you are lookig for a solution check out Pandas FREE code here.

    http://www.warriorforum.com/main-int...-solution.html

    It is a good idea and it is the new law. No way around it and no exception to the rules. It could get messy if you do not act before the deadline. Good luck and keep it clean.

    Hope this helps.
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  • Profile picture of the author ExpertSEOServices
    Thanks for pointing this out. I will look into all my sites with analytics installed.
    Thanks
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  • Profile picture of the author Eduard Stinga
    What baffles me even more about this law is that most of the average Internet users have little to no idea what a cookie is, so even if you ask them for permission, it's still pointless.
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  • Profile picture of the author majestic12
    Can someone please clarify this for me..


    Someone lands on my UK site, no cookie is set. They then choose to click on a banner which takes them to an affilaite page hosted by lets say clickbank... a cookie is then dropped by clickbank when my visitor reaches there?

    Am I right in saying that because "my site" does not drop a cookie and clickbank does my site need not inform the visitor?

    ...........

    If this is the case and I am promoting UK Amazon this will kill affiliatte marketing in the UK, we will be directing people to UK Amazon who will have to notify the visitor about the cookie.. I would say most would be scared and remove it..

    Bye bye UK affiliate marketing...
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