ICO Advice
Yesterday the ICO issued its advice on the new EU cookies regulations, which come into effect on 26 May. The advice is, quite frankly, contradictory.
It suggests at one point that temporary, anonymous collection of data which is non-intrusive is fine - but at another states:
“An analytic cookie might not appear to be as intrusive as others that might track a user across multiple sites but you still need consent.”
Our short term advice is to:
- Look at the cookies you use on your site. The more invasive and deep the data capture, the more likely it is to get a complaint and get the ICO involved.
- Speak to your web agencies, e-commerce providers and donation providers about what they suggest. If you carry third party forms or pass data to third parties (like donation data) you will need to work out how to cope with that as well... and given that we are the charity sector, we need our paid-for providers to take the lead.
- Think about the design, functionality and content of your site. If you ask people to sign up, join, buy, donate – anything where they action a form, then adding a ‘consent to cookies opt-in’ is simple (and a ‘how to opt out’ link). If you run videos, surveys or anything that opens, you can get consent when the user takes action. And if you have a language/country choice you could also include the cookie opt-in there.
While we all take this in we are going to contact a bunch of agencies and ask their advice... so hopefully we will have some more feedback tomorrow on what the ‘experts’ advise.
An alternative approach?
It features an interview with Tara Hunt, founder of Buyosphere, the online tool created to help users get control of their online shopping data. Although the USA doesn’t yet have the kind of anti-cookie legislation that the EU is currently implementing, Hunt’s company is nonetheless leading the way in giving the consumer control. She explains:
“At Buyosphere, you gather what you buy and own, and you make your own personal data package. Then you choose who to share it with. We build tools on top of your data for your own use — analytics, organization, notification, etc. — and in the future (and when the Do Not Track legislation heats up), we’ll be there to offer retailers a way to receive these personal data packages in a way that consumers control 100%.”
As UK charities consider how to show that they are working towards compliance with the new legislation, this example of commerce without cookies could provide some timely lessons.
What are you doing?
We’re interested to hear what people in the UK are already doing about the new directive:
- Charities - have you decided how your organisation is going to respond to the new directive? Please tell us more.
- Designers and developers - are you working on practical solutions to the new directive? We’d love to hear what you’re working on.