UK Government Backs EU Law on Cookie Directive

• UK Government to implement changes by 25 May 2011 deadline

• Browser settings alone cannot be used to give web user consent

• ‘Strictly necessary’ cookies will be allowed on web sites

These are the three key points to emerge from a Department for Culture, Media and Sport (DCMS) paper in response to the EU Directive to restrict the impact that cookies have on our online experience.

It has been over a month in coming but the DCMS have now confirmed that they will be implementing the law, verbatim and without ‘gold plating’ it. This will be put before UK Parliament at the end of April.

Only ‘Strictly Necessary’ Cookies Will be Allowed

It had been thought that putting consent into browser settings would be the most efficient and effective way to ease this law into practice. However, it has been felt that this won’t suffice.

Now, only ‘strictly necessary’ cookies will be allowed without being put up for consent. These will include cookies in online checkouts so that people can still shop online easily. The Government paper states that:

"Many respondents were clear that browser settings (though not in their current form) might be the most cost effective and efficient means of harvesting the consent of the user. However, it is the opinion of the Government that given the substantive changes to the wording of the Directive, the current use of browser setting as a form of consent is not consistent with the revised wording."

The Government also confirmed that a specialist team has been set-up to investigate this further, although no technical solutions have been offered yet.

Acceptance of Early Proposals

We have already seen some online companies offering ways to implement the EU law. Yahoo has introduced an opt-out button giving uses the choice of not being tracked by an ad. This though has caused some confusion and drawn controversy from some quarters.

The Government response seems to support such activity, stating that "[The Government] is satisfied that this meets the requirements of [the new law]. The European commission has also endorsed this work.”

This is because the "industry lead approach will marry the provision of more information on the use of cookies accessed through an easily recognisable internet icon, a privacy policy notice, a single consumer control page, with a self-regulatory compliance and enforcement mechanism.”

Commercial Director at home james, Peter Cobley, believes whilst this was expected we are still no clearer about technical solutions.

“It is interesting to see that whilst the government has investigated the implementation of the EU Directive, there are no concrete technical solutions provided, as to how the law should be implemented.

“Business is still in the dark as to which route it needs to take, and an answer is needed soon. At home james we are in a position to consider all technical solutions, advise from a business perspective, and we continue to work closely with clients on the Directive and the developing news.”