Information Commissioner Christopher Graham has told businesses to stop moaning about the new cookies law and get on with allowing Internet users to opt out of receiving them, warning that they cannot rely on browser settings to do the job for them.
The new legislation comes from an amendment to the EU’s Privacy & Electronic Communications Directive will become law on May 26, and will affect all companies which gather data online, such as retailers. However, many companies do not really understand how to implement it, despite guidance published by Graham’s office.
The law requires companies to obtain “explicit consent” from Web users before storing details, such as log-in information and other preferences but it is their ability to use browsing history to target advertising which has come under scrutiny.
Many companies are reluctant to implement the measures asking for users’ consent to cookies because they fear losing effective tracking information about their website, although others are confused about how to implement the law in the first place.
“Companies cannot stick their heads in the sand: these regulations are now law,” said Graham. “There is a time for lobbying and a time for compliance, and the time for compliance is now. There’s no point fighting battles that you lost two years ago.” The directive was enacted by the European Commission in 2009.
Graham also admitted that it will be difficult for companies to get their houses in order at such short notice, but blamed the British government for not transposing the directive into law sooner. “We couldn’t publish any guidance until the law was published, and our guidance is very much a work in progress,” he explained.
“We are not going to be going in on day one with a heavy hand. There will be a period of grace, but that will not last longer than 12 months. And if I receive complaints on day one – which I will – we will examine how far efforts have been made to comply,” said Graham.
He went on to warn companies that in many cases, browser settings alone will not be sufficient for compliance. “Browser settings won’t help in all instances – for example situations where cookies are intrinsic to the site, such as a ‘shopping cart’. More sophisticated browser settings may help, but we have to wait for browsers to be able to cope,” he said.
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Easier said than done when Richard Graham doesn’t even understand the new rules. His so-called guidance is as clear as mud
you can never trust someone with a first name as a surname – statistically proven………………..