EU: cookie law opt in script

17 replies
On Thursday the EU law(which the uk has passed verbatum) regarding cookies comes into effect.

From my reading of it, any site that has among other things google analyitics present on it, will need to inform the user that cookies are present on the site, refer them to the sites privacy policy and make them explicitly opt in so that 3rd party cookies(as in if you have a shopping cart that is fair enough but advertising etc isn't) are allowed to farm data.

Its ridiculous quite frankly.

Anyone got a decent solution as to how to do this.

I'm thinking a php script that disables all cookies on the page unless they opt in,(and once they have opted in is never seen again) if that is doable, if not then just chucks them to say google.com until such time as they opt in.

Anyone got or seen anything that does this? or give me a starting point as to what to google for. I really don't know where to start,

Have i mentioned its ridiculous yet?

dave
#cookie #cookie law #law #opt #opt in script #script
  • Profile picture of the author ToneUK
    I could be wrong but I'm sure its the other way around. You have to give them the option to opt out and give clear details in the privacy policy that you are tracking using cookies to track them.
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    • Profile picture of the author vulcanscripts
      Opting out would make more sense. How about click here to opt-out with a link that just takes you away from the site? Lol. It really is a stupid law and as most modern browsers have the ability to block third-party cookies anyway then I think it's a pretty pointless excersise.
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      • Profile picture of the author davebbi
        No according to our lawyers it has to be opt in!

        Have i mentioned its ridiculous.

        dave
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        • Profile picture of the author ToneUK
          So what does this mean for sites running Google analytics and Google Adsense? Does this mean the user would have to opt in to view advertisements?
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          • Profile picture of the author Blaine Moore
            Perhaps find a script that will block access to your site unless there's a cookie saying they opted in...if they don't opt in, they can't use your site.

            Sucks that you might lose some people, and annoying for those that clear cookies regularly, but I imagine that this would solve the legal problem?

            You could include a link to write to their representative to ask them to remove the ridiculous law on the opt-in page...
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  • Profile picture of the author Barna
    It's all about informed consent and making sure no one is placing cookies on a browser without permisssion.

    Cookie Stuffing programmes are now illegal and we all remember the Hogan case.

    The ASA in the UK is really hot now on sites which are not legal truthful and honest.You can send them your site for a health check why take a chance?

    I'm sure the USA has a similar service.The law is extremely complex and I would advise everyone to take out insurance cover.

    On this basis if we're realy honest with ourselves the scammers brought this upon themselves.Too many offers on websites are just untrue.Most need to be qualified since the illegal sites have tranished us all in that the public just feel here comes another snakeoil mlm charlatan.

    Just look at the blatant OTT claims on most of the homepages of clickbank products.Each new product tries to out do the other promising a magic bullet to earn income whilst you sleep or teaching omline methods which are somewhat dubious.Not all but there are far too many black hat idiots.
    I'm surprised the USA is not more stringent like the ASA (who only have a code) in prosecuting websites which are full of untruths.It's only a matter of time.
    If you wouldn't sell it to your Mother don't sell it .

    A useful legal update site is ICO publishes advice on how websites can comply with new 'cookie law' | Pinsent Masons LLP
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  • Profile picture of the author Tim Franklin
    This would effectively reduce the ability of google analytics to deliver any kind of accurate data, if say only 3 out of 10 users allow cookies, then how could you expect to get any kind of accurate indication of traffic on your site,

    It seems like we may be facing a serious threat to our ability to generate revenue using cookies...
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    • Profile picture of the author ToneUK
      I agree it would make script based analysis tools like Google analytics worthless. I think a tool like SmarterStats would be required which gathers the data from access logs from the server.
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      • Profile picture of the author Blaine Moore
        Originally Posted by ToneUK View Post

        I agree it would make script based analysis tools like Google analytics worthless. I think a tool like SmarterStats would be required which gathers the data from access logs from the server.
        I've started using CloudFlare to track my stats since it seems to be more accurate than Google Analytics anyway and doesn't require cookies or javascript or anything like that.

        Google Analytics is certainly more detailed and I use that for looking into specifics, but in terms of general traffic trends CloudFlare is good enough.

        It actually sits in front of your server so it's a lot more accurate than script based analytics since it tracks everybody, and it's much better at separating traffic based on bots or threats than general server logs are.

        Plus, it usually speeds up the responsiveness of your site and saves your server quite a bit of bandwidth.

        They operate on a freemium basis...awesome service at the free level, very inexpensive at the pro level, I've been using them for about 6 or 7 months now without any problems whatsoever. NFI:

        Performance & Security for Any Website | CloudFlare | Home
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        • Profile picture of the author ToneUK
          Originally Posted by Blaine Moore View Post

          I've started using CloudFlare to track my stats since it seems to be more accurate than Google Analytics anyway and doesn't require cookies or javascript or anything like that.

          Google Analytics is certainly more detailed and I use that for looking into specifics, but in terms of general traffic trends CloudFlare is good enough.

          It actually sits in front of your server so it's a lot more accurate than script based analytics since it tracks everybody, and it's much better at separating traffic based on bots or threats than general server logs are.

          Plus, it usually speeds up the responsiveness of your site and saves your server quite a bit of bandwidth.

          They operate on a freemium basis...awesome service at the free level, very inexpensive at the pro level, I've been using them for about 6 or 7 months now without any problems whatsoever. NFI:

          Performance & Security for Any Website | CloudFlare | Home
          Ill take a look at CloudFlare, it looks interesting. The other benefit of using this, is it stops Google spying on you
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  • Profile picture of the author davebbi
    yeah we get a year to sort everything out. The system are we are looking into is having a light box type jquery script run when a user first enters the page that refers them to our privacy policy and gives them the option to leave the page or accept our terms.

    Looks like the uk goverment is working with microsoft/mozilla/google to try and sort a browser based solution though so we are hoping that other then updating our privacy policy we can just ignore it for now.

    It is still a ridiculous piece of legislation.

    dave
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  • Profile picture of the author Mark Brian
    So basically if we're gonna put any type of cookie in our visitor's computer (which is probably done by 99% of all websites in the world btw)... we have to ask our users permission first?

    If that's the case then every website will be like a porn site we're users are asked if they're 18 or not.

    Does this apply on websites hosted on EU only?
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    • Profile picture of the author ToneUK
      Yes, its only for web sites hosted in Europe. I wonder what affect this will have on the web hosting companies. I bet lots of people start moving there hosting outside of Europe.
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      • Profile picture of the author Mark Brian
        Originally Posted by ToneUK View Post

        Yes, its only for web sites hosted in Europe. I wonder what affect this will have on the web hosting companies. I bet lots of people start moving there hosting outside of Europe.
        Thats what I thought too and if this really becomes mainstream, this will be a big problem in not only for affiliates but the whole IM/ecommerce industry since it relies on cookies on tracking performance. Even a simple website which let's you save your login details (so you don't have to type it every time) will be affected.
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  • Profile picture of the author tsdrew
    I have written a blog post on this particular subject at http://www.onlinetrafficsuccess.com/2011/the-eu-cookie-problem-and-is-this-the-end-of-affiliate-marketing-3 which outlines what i think should happen but in my opinion I don't think we should worry as long as the affiliate networks listen to the affiliates and the product creators
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  • Profile picture of the author Yaros
    New rules for cookies suggest that all websites will need to get permission from users when using cookies. Cookies are small files used to store key information about a visitor and remember preferences. This could include personal information, such as the visitor's location or interests, which presents a privacy issue. However, most cookies are used to store anonymous information and preferences, either to remember key selections made by the visitor or to track navigation for marketing purposes, and are generally there to make life easier for users.

    New rules on cookies

    Many cookies are provided by third party code, for example when you add a script from Flickr or Facebook to your website. This code can include content that will help track how visitors find their website, for example. For this reason many website managers that don't have the knowledge to create cookies themselves may still be affected by the proposed changes. And it's the third party cookies for ad tracking that are apparently being targeted by this legislation.
    These changes are being applied by the UK government's Information Commissioner's Office to comply with new EU legislation. The ICO says it will give companies time to correct irregularities before any penalties will apply. However, a number of organisations including browser companies such as Google are reportedly in talks with government to minimise the impact.

    Cookie law delayed for a year

    The main thing is not to panic, because the BBC reports that any compliance has been rolled back to May 2012. They quote concerns about usability if people have to provide permission every time they visit a website, with Gregory Roekens, CTO of marketing firm Wunderman stating "We need to make sure we don't have pop-ups appearing everywhere."
    According to IT journal The Register, 19 of the 27 EU countries ignored the original legislation.
    Cookie law problems

    The Guardian denounces the ICO guidance as a "shambles". The problem with the rules is that compliance will result in frustration for the user, who will constantly have to provide permission before using new websites. According to the information commissioner Christopher Graham, "Browser settings giving individuals more control over cookies will be an important contributor to a solution, but the necessary changes to the technology aren't there yet." And legal experts still don't know how to advise their clients.

    Changes due to new rules on cookies
    IT Pro reports on the browser updates, with Google, Microsoft and Firefox all developing opt-out buttons into their future products. This should give users the ability to opt out of cookies without having to negotiate pop-ups.
    Google Chrome appears to have been the first to act in response to similar legislation in the United States, with an opt-out setting added to the current version of Chrome.
    The general view seems to be 'watch this space', as the practical implications and legal requirements are not yet known. It seems likely that business owners and managers of websites will not have to do anything as the problem is solved in a different way.

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