Is your brand in limbo over cookie law?

It’s been a week since the new cookie legislation came into force yet website owners are still appear in limbo. Do they develop their own solutions in order to be to be compliant as soon as possible (which may then need to be changed when the Government finishes working with browser manufacturers), or wait to see what happens and potentially risk being accused of doing nothing?
Consumers have legitimate concerns about privacy, particularly around advertising and behavioural targeting. Despite much advice to the contrary, they are still wary about the information that websites collect about their visitors. The Information Commissioner’s Office guidelines may not help to negate these fears, since there will be no standardised method of gaining consent for cookies; website visitors will be faced with a wide range of custom solutions, and in many cases no information at all.
There is also a concern about what will happen (and when) in other EU countries – so far only the UK, Denmark and Estonia have passed laws. A UK site which has a German language version would be affected by German regulations, so several different legislations could apply to the same website. This leaves site owners with a real compliance headache and incredibly complex online waters to navigate. Site owners will have to spend considerable time updating their online estates to comply with the ICO rules, and then have to go through the same processes with other countries. The technology impact of this shouldn’t be underestimated – is anyone looking forward to coding different consent mechanisms and cookie handling methods for 27 slightly different laws?
Until practical standards and methods emerge, site owners should make sure that their cookie policy is as clear and comprehensive as possible, so visitors have visibility of their cookie usage and are encouraged not to opt out. After all, cookies help to make the Internet usable, from remembering which language version of a website you want, to providing recommendations for content and purchasing suggestions. A privacy policy written in clear English should provide all the information visitors need to feel in control of their browsing experience.
While regulations are clearly necessary to assuage consumers’ concerns about privacy, the EU (and beyond) need to provide a consistent set of guidelines to ensure cross-border businesses can comply as easily as possible. This will provide benefits not only for consumers and businesses worldwide, but also ensure a solid foundation for future development and innovations in this area.

Conrad Bennett is director of technical services at Webtrends

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