New Cookie Storing directive

Directive 2009/136/EC (the “Cookie Directive”) is expected to be transposed into Irish law in the next few days..

The Directive makes key amendments to Directive 2002/58/EC (the “E-Privacy Directive”). Under the E-Privacy Directive, website operators must clearly inform users as to how cookies operate and they must also facilitate website users who wish to exclude or limit the use of cookies on their computers. The Cookie Directive goes further however and provides that users must “opt in” or consent to cookies being stored on their computers. The aim of these provisions is to allow consumers have more control over the data that are collected about them.

This raises concerns regarding the practical implications of having to obtain user consent each time a cookie is placed on a user’s computer. The Office of the Data Protection Commissioner has stated that it will publish guidance in order to assist relevant parties in complying with the new provisions.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:EN:HTML

This could potentially mean that all websites that use cookies and thats about 90% of online stores will have to display an agree to terms window before they let the visitor into their site. This will impact online sales dramatically.  Enforcement will determine the level of compliance. We expect to see compliance at larger corporate sites in the coming months.

Research shows most customers do not like their details being shared, used to target them with advertising. However reality shows few customers know if it is happening to them, and if it is fewer know how to stop it.

There is a need for the definition of the line of responsibility. Now websites are being held liable for information they  planted on a users computer.

If you do not want cookies used while you browse the web you can control this in your internet browser it is in visitors control. It is not a total solution but only part of it.

There is a company called trackergate.com creating software to allow you to control cookies while you browse.

BTW Turning off cookies will immediately disable you from shopping online on most websites.

Interesting times ahead for online retailers.