ePrivacy legislation

I think eventually you'll "just" have to put a tick box on your site before people enter it asking their permission. This may seem like a "big thing" and could have some impact but I'd guess most people will soon just blindly click it in much the same was as many T&Cs are clicked before downloads etc. As this amazing quote from the BBC news website illustrates, there is nothing to worry about in the immeditate future: "Information Commissioner Christopher Graham said: "I cannot bark at the industry at the moment because I have not got the regulations." "

The EU Law makers just don’t seem to understand that the Internet is truly a Global marketplace . As the US have no such laws in place it puts EU companies at a huge disadvantage. It will be smaller EU business that will struggle with these laws the most – the very companies we need to get us out of recession. A more sensible approach would be to require Web Browser software to be more transparent when it comes to cookies and easier to opt-in using the Browser controls. This is coming and hopefully it will make the EU rethink their Cookie Laws. At the same time the Web industry needs to do more educate both consumers and politicians about the benefits cookies.

Should B2B brands go out and remove all of the cookies from their websites to adhere to the EU's ePrivacy Directive? Absolutely not. To deliver the dynamic, sophisticated websites that B2B visitors want - cookies are not a luxury, they are a necessity. They help sites behave in a more application-like way, enable them to "learn" and anticipate visitor needs based on how they browse (allowing the site to deliver more relevant content and functionality), and they give valuable feedback that allows developers to refine the overall experience and improve website utility for everyone. Unless you have a small, static web presence, removing all cookies is simply not a viable option. Just ask British Airways. To comply, they prominently link to their cookie policy on their global landing page with a clear policy explanation and a big red button that allows visitors to remove cookies. Right next to it is a little notice: "Please be aware that if you decline the use of cookies set by British Airways on ba.com you will be unable to use the site." They offer opt-in with a very big caveat. Don't get me wrong, I'm not advocating ignoring the regulation. I think B2B brands based in Europe need to make sure their web and legal teams are up to speed on the legislation and are taking the appropriate steps to comply. But before dramatically altering the functionality and effectiveness of your site by removing cookies - know your options.

Interestingly the government's ICO website (the very people trying to implement this law) saw a 90% Drop in website visitors that were willing to accept a cookie. So now they can only see 10% of their traffic. I would hate to think what would happen if this were a commercial site. Full story, including a graph of the ICO website's data: http://bizt.ag/ico

Apparently the EU has given "online companies" a deadline of June 2012 to set a standard to let people opt out of being tracked on the web. Ignoring the fact that "online company" surely is a tautology now, looks as if the regulatory push will be for people to be able to “opt out” of tracking – presumably by some sort of registration. Would love to know how this could ever work at all is, let alone the practicalities of it only being applicable to a geographic area (the EU) in these days of the connected world.