Cookies & the New Law

[TIK]

Theoretically yes, but I can't see how pinpoint tracks customers without using cookies as it would not know who repeat customers are. ~But I am sure if EKM have found a solution to this, then Google ;probably have too and will be updating codes in time for the compliance.

[dpleech]

Theoretically yes, but I can't see how pinpoint tracks customers without using cookies as it would not know who repeat customers are. ~But I am sure if EKM have found a solution to this, then Google ;probably have too and will be updating codes in time for the compliance.

Every website stores tracking data from visitors in a log file (it allows the police to track you if you are breaking the law). EKM Pinpoint just reads this file. Google Analytics can't do this as it does not have access to it, so it must create it's own, which it does using a cookie to track users.

I believe EKM see repeat customers (in pinpoint) from the IP address in the logfile.

[HandyNiknaks]

Just wondering about social networking buttons, for example Google Plus - that knows when a user is signed in - cookies ?

[SallyO]

If I wanted to comply with the new law (which of course I do ) and had a opt-in/out box on my front page how can I switch off my analytic cookies but leave them on the site, could you do this with some JavaScript code?

Sally

[TIK]

I believe EKM see repeat customers (in pinpoint) from the IP address in the logfile.

But an ip address isn't very accurate is it?

[dpleech]

But an ip address isn't very accurate is it?

It's only used for stats. Repeat customers in your actual shop use the address they type in.

[TIK]

Just an update on this as I have been researching the documents on this.

Interesting bit about possible fines for those that break it

They can fine organisations which don't comply, but they have to show there has been: a) a serious contravention of the new law; and b) that contravention was likely to cause substantial damage/distress.

And the restriction is only on identifiable cookies. As Google analytics collects anonymous data, this will not be affected.

[Pete G]

Thanks for that Graeme. I had thought that if it was such a big problem then we would have heard something from Google about it by now but that does seem pretty definitive.

[SallyO]

And the restriction is only on identifiable cookies. As Google analytics collects anonymous data, this will not be affected.

I think you must have been looking at old data. Information collected by cookies for analytical purposes such as used by Google Analytics record IP addresses (so to record returning visitors) so are not anonymous as such and are NOT exempt under the new regulations. The only cookies which are exempt are those deemed ‘strictly necessary’ such as those storing cart information. The guidelines say:

The Regulations do not distinguish between cookies used for analytical activities and those used for other purposes. We do not consider analytical cookies fall within the ‘strictly necessary’ exception criteria.

However the regulations do go on to say

Although the Information Commissioner cannot completely exclude the possibility of formal action in any area, it is highly unlikely that priority for any formal action would be given to focusing on uses of cookies where there is a low level of intrusiveness and risk of harm to individuals. Provided clear information is given about their activities we are highly unlikely to prioritise first party cookies used only for analytical purposes in any consideration of regulatory action.

So if you list the cookies you use and their purpose but don't ask for specific consent, which you should theoretically do, you should be okay (I hope!).

Sally

[ohallows]

So...has anyone done anything about this, or doing anything?