New rules were introduced for the use of Cookies on Web sites in May 2011 and a 12 month grace period was allowed to let people get their web sites ready. This grace period runs out at the end of May 2012, so if you have not looked at this for your own site, time is running out!
New guidance was provided by in December last year by the Information Commissioner on how web site owners should comply with The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.
The key requirement is that you must ensure that a user knowingly indicates that they accept the use of specific Cookies, before the Cookie is set. There are some exceptions, for example where the Cookie is required for the site to work, this could cover security or checkout processes. However, the Cookie must be necessary for the service being requested by the customer.
The guidance on how to gain a users approval in not specific, but we always would recommend that if you do intent to use Cookies that it is prominent in your site and it is clear how a user opts in, and of course, also opts out.
If you have not done a Cookie audit on your site, time is running out, if you think you need help, let me know.
Mike Hill – Itica Consult – April 2012