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The stupid cookie law is dead at last

blog.silktide.com

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Re: The stupid cookie law is dead at last

#4
Browsers already have the ability to ask the user if they want to accept a cookie. So all this law did was reproduced browser functionality that has existed all the way back to Netscape.

That all being said however, I'm not entirely sure it is "dead." The current legal standing from my understanding is a grey area...

Re: The stupid cookie law is dead at last

#5
The cookie law is in no way dead, the ICO is just doing what every other 'compliant' site has always done.

New policy for the ICO site:

> Cookies set on arrival to the site. New cookies banner displayed. Banner explains that the website uses cookies and that cookies have been set, tells users they can change their cookie settings (via a new cookies page), or continue to use the site.

I always thought the "set first and offer the user to kindly f' off if they don't like it" method was not in the spirit of the law, but that is the one that sites have adopted. There was never any realistic possibility of prosecution in that scenario, so i see this move as just the ICO accepting reality.

Re: The stupid cookie law is dead at last

#6
post #2

Thank goodness for that. Countless hours have been lost debating how best to implement this pointless law, and the amount of business lost due to unsightly and confusing consent banners must have been huge.

I think it might have been Derek Sivers who wrote a great essay about how in business the best policy is often just to ignore silly rules and regulations (except the really serious ones) until someone pulls you up on it. I took that to heart, and that was ultimately the best policy with this.

The ICO had dropped enough hints that they'd be lenient and go after the big boys and most evil violators first that 99% of sites were wasting their time panicking about implementing this stuff.. yet panic they did.

Re: The stupid cookie law is dead at last

#7
I was wondering when another sensationalist blog post would pop-up from Silktide.

Last May, the ICO acknowledged that in certain cases, implied consent would be appropriate and this is judged on the basis of the type of cookies that a site is looking to set plus the information that is made available to a user on its site regarding cookies.

The ICO considers that due to having had explicit consent on their site for a number of months, and due to the information generally available on their site, it was ok to switch to an implied consent approach. The cookies that are set when you go on the ICO websites do not include any third party advertising cookies.

For other sites, it is not guaranteed that an implied consent will be appropriate where for example third-party advertising cookies are set and very little information is provided generally (for example in a specific cookie policy).

As such, it is still for each website to consider whether in their own specific circumstances, it is appropriate to have an explicit consent or whether implied consent is ok. I appreciate that this creates ambiguity but as I understand it, it reflects the present position.

I still think the overall aim of the policy in terms of educating users as to the nature of cookies is a good one. That aim is one that is of course not particularly aimed at anyone who browses this website I wouldn't have thought.

Re: The stupid cookie law is dead at last

#9
post #2

Thank goodness for that. Countless hours have been lost debating how best to implement this pointless law, and the amount of business lost due to unsightly and confusing consent banners must have been huge.

yes given that my employer a FTSE 100 publisher must have spent a huge amount time and money on this stupid law - can we claim this back against our tax bill.
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