The updated EU e-Privacy Directives came into effect yesterday, 26th May, 2012. UK law requires website operators to ask a website user’s permission when placing certain kinds of cookie on their visiting terminal devices, subject to penalties for infraction. And the UK's Information Commissioner has released updated guidelines. Pickup explanations as well as guidelines from here: http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communication... A few observations the law makes no concession to regulations or laws of the physical place where the site is domiciled. Neither does it make distinction for ownership of the terminal device used to access the website. It seems to be silent as well on technical complexities such as cloud computing. The Regulator concedes "*implied consent*" is indeed a valid form of consent even as the law requires “*informed consent*”. Seems they are all over the shop on this one. Regardless, site operators bear the burden of a user with difficulties in understanding the cookie requirement enough to be called 'informed'; The Regulations are not prescriptive about the sort of information that should be provided, but the text should be *sufficiently full and intelligible to allow individuals to clearly understand* the potential consequences of allowing storage and access to the information collected by the device should they wish to do so". Note the term 'clearly understand'. In other words, user ignorance..........or, worse, congenital disability....is not a defense. The law does exempts operators from compliance: 1. When providing purely transit services 2. When providing so-called 'information society' services The International Chamber of Commerce (ICC) has also issued a useful UK Cookie [compliance] Guide. See it here: http://www.international-chamber.co.uk/components/com_wordpress/wp/wp-conten... - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================
participants (1)
-
Carlton Samuels