New Euro cookie law - March 26, 2012

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4/12/2012 9:48:52 PM
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New Euro cookie law - March 26, 2012

Does the new March 26th "Euro cookie law" affect only companies located in Europe?

See this site for more info.

The reason I ask is that ExpressionEngine a Blogging web site platform I have used several years ago has postponed their next release to comply with the Euro cookie law.  After reading this today I wonder will this affect mojoPortal sites owned by anyone in Europe?  Will anyone even care?

Just wanted to put my hand in the air on this weird  subject.

4/13/2012 6:40:45 AM
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Re: New Euro cookie law - March 26, 2012

Hi Rick,

We use cookies only for login and roles (which can be considered part of login). According to the article you posted this is ok:

The law allows an exception for "strictly necessary" cookies, such as those used to remember when something has been added to a shopping basket. These cookies would be expected by the user implicitly for the action they requested to be carried out. Another example would be login.

The article also state that the law only applies to organizations that have a business presence in the legal jurisdiction of the EU.

Unless you are using cookies for other purposes in custom features I would say that organizations using mojoPortal will be in compliance with the law.

The only things that might bear further scrutiny is 3rd party services that may also set cookies, google ads may use cookies I'm not sure. The add this button does use cookies so people may have to choose not to use that. Facebook like button requires users to be logged into facebook to like something, that requires a cookie I'm sure but also falls into the login category that is allowed without a prompt.

The coming release of mojoPortal will also have a new feature for putting extra content on the login page so the overzealous worriers could put a message there indicating that logging in does require use of cookies.

Best,

Joe

4/17/2012 11:04:31 AM
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Re: New Euro cookie law - March 26, 2012

Hi gents,

I've had a few UK clients ask me about this law, some of them have been getting solicitations from firms offering to bring their sites into compliance for a predetermined fee.This prompted me to do some research on it.

Google Analytics is a concern here. According to the UK's ICO, analytics are not strictly necessary and one should notify users of cookie use for analytics. My plan is to write up a simple control that wraps the Google Analytics and Woopra controls and doesn't render them unless the user has opted-in to allow cookies.

I suggest anyone concerned with this to read up about it on the ICO's website. They have a brief synopsis of the law here and a detailed guide (in pdf) here.

Also, the effective date is May 26, 2012; not March 26.

Thanks,
Joe D.

4/17/2012 12:05:08 PM
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Re: New Euro cookie law - March 26, 2012

Hey Joe,

From this article it sounds like it may be sufficient to just have an information page and not prompt for consent for analytics.

I think this prompt will be very onerous for user experience and if one really has to do that maybe its better not to use Analytics at all and just use some other tool to measure traffic using server log analysis. Most users are going to say no if you prompt them and the majority won't understand what you are asking for and probably it will cause a large percent of vistors to just leave your site when you prompt them for something that they don't even understand.

I'm glad I'm not in the EU but if I was and I believed the only way to be in compliance was to prompt I would opt to not use Google Analytics and look into buying something for traffic analysis using server logs. It would be a real shame to lose the use of Google analytics but better than than losing visitors.

There is also some irony in that if you do prompt you are going to need to store the response in a cookie so you don't have to prompt again on every request, so I guess you have to also mention that cookie in the prompt.

Anyway that is just more food for thought on this issue.

Best,

Joe

4/17/2012 1:40:01 PM
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Re: New Euro cookie law - March 26, 2012

Hi Joe,

Yeah, a few of my clients are taking the notification route but technically, that is not enough. I have one client that will not do that because they provide a lot of research data to government entities so they feel they will be under higher scrutany. The old laws (from 2003 and 2009) only require notification in an information page but the new law is very clear about that not being enough anymore. The question is whether or not the ICO is going to enforce the law or not. A lot of people don't care about laws that aren't being enforced but some err on the side of caution.

The prompt could be formed in such a way as to not prevent the user from using the site if they don't provide a response. See the prompt on the ICO site as an example. As to the irony, you can't store a cookie saying they don't want cookies so you would have to write the logic to not create a cookie in the absence of a cookie saying it's okay to store cookies. 

I agree that another type of analytical tool should be used that doesn't use cookies. Just when I thought I didn't need to offer hosted analytics anymore, this springs up and it looks like I should add that service back to our offerings.

Thanks,
Joe D.

4/17/2012 2:00:26 PM
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Re: New Euro cookie law - March 26, 2012

I admit their prompt is unobtrusive in that it isn't a popup and the message is not scary but it takes up a good deal of real estate in their design and I bet less than 10% of people will click to agree to it making GA basically worthless and given the small percent that will likely opt in I think I would just live without GA for the small percent of traffic that I could track by having this prompt taking up so much prominent screen real estate. I think other than a few orgs like ones that deal with government most eu sites are going to ignore this law (at least in terms of analytics) and wait and see if they ever get a warning. This law puts sites that comply with it at a competitive disadvantage.

But then as browsers provide do not track mechanisms that GA will honor, GA may become less and less useful to all of us to the extent that people enable do not track and log file analysis is probably going to be the best solution again as it once was. It is a shame though.

Best,

Joe

4/17/2012 2:31:37 PM
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Re: New Euro cookie law - March 26, 2012

Sorry, I just had to:

I bet the people of the EU member states feel real safe with laws like this on the books. I mean, come on, if it weren't for laws like this keeping anonymous information private from analytical systems that do not track any kind of identifying information, one would have to fear that the sites they are on would know that an anonymous person is on their site. Wow, that's scary!

:-)

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