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Posts tagged with Consent

Nowhere to hide: new privacy rules demand new thinking in UX design

The cookie law. Wasn’t that a car crash? 

Ugly banners stuck on top of beautiful designs, obscuring functionality and doing nothing for anybody except forcing a pointless click to get it out the way and get busy living.

Whose fault was that? 

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ICO: implied cookie consent was always valid

Just before we reached the EU cookie law 'deadline' on May 26, the ICO issued updated guidance for compliance, which expanded on the notion of implied consent. 

This was met with anger by some who saw this as a last minute changing of the goalposts, so I caught up with the ICO's Dave Evans to ask about this. 

He also talks about how the Information Commissioner will judge the 'success' of its implementation of the EU e-Privacy directive and why sites should be open with users. 

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What are retailers doing about the cookie law?

The cookie law deadline arrived on Saturday, and we haven't quite seen the pop-up apocalypse that some had predicted. 

This may have had something to do with the ICO's last-minute revision of its guidance, but its more likely that many simply aren't prepared to risk harming their business models when it's unclear how the law will be enforced. 

While news websites like the BBC and Mirror have added some sort of status bar or pop-up, retailers have taken a different approach to compliance. 

(I'm certainly not looking to 'out' websites here, so I'll be looking only at those which have taken some action).

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The EU cookie law conundrum in numbers [Infographic]

With the deadline for compliance with the EU e-Privacy Directive just two days away, we've rounded up some of the key stats in an infographic. 

This embeddable infographic looks at marketers' and consumers' views of the EU cookie law, and our five-step plan for compliance. 

This is a topic we've covered in detail, so I've also rounded up some of our recent articles and other resources on the EU cookie law. 

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The Mirror's response to EU cookie law compliance

With just a few days left before the ICO begins to enforce the EU e-Privacy Directive, we are starting to see a few sites unveiling their approaches to compliance

Two such sites are FT.com and Mirror Online, which are both using pop-ups to alert visitors to the sites' use of cookies. 

As well as taking a look at the two news sites' responses to the EU directive, I've been asking Malcolm Coles, Product Director, digital at Trinity Mirror Group, about the Mirror's approach.  

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EU e-Privacy Directive: don't call it a cookie law

The deadline for the e-Privacy Directive is fast approaching. While the subject has generated significant attention across Europe, the word 'cookie' continues to dominate the headlines.

In fact, the part of the Directive that applies to cookies is written more broadly and requires consent for non-essential tracking, regardless of whether a cookie is involved.

In this article, I'll review the facts behind the 'cookie law' and lift the lid on what consent really means for UK businesses.

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How will the EU cookie law affect mobile marketing?

The EU e-Privacy Directive and subsequent ICO guidance is complicated and confusing enough when you look at desktop sites alone, but then there's the question of how it translates to mobile. 

To recap: the 'cookie law' covers the use by businesses of information stored on users' 'terminal equipment' and this covers mobile sites and apps as well as desktop sites. 

In a new white paper, Mark Brill from the DMA has bravely attempted to untangle some of the issues around mobile and the cookie law. 

I've looked at some of the recommendations from the report, and the threat that the e-Privacy Directive poses to mobile marketing and m-commerce...

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Is it possible to comply with the cookie law without harming your business?

The EU 'cookie law' is clearly a threat to online business in the UK, whether through higher bounce rates caused by intrusive cookie opt-ins, or loss of income if customers opt out of third party cookies used for remarketing and ad targeting. 

Some have estimated that it will cost the UK economy £10bn in a worst case scenario, but this is just guesswork at the moment. 

I asked some of the expert contributors to our EU Cookie Law: A guide to compliance report how the EU E-privacy directive will affect their business, and if it's possible to comply without affecting usability.  

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Q&A: The ICO's Dave Evans on EU cookie law compliance

With the EU e-Privacy Directive's compliance 'deadline' just a month away, many businesses are wondering not only what they should do about it, but also how the law will be enforced by the ICO. 

While working on our EU cookie law guide, I spoke to Dave Evans, Group Manager for Business & Industry at the Information Commissioner's Office (ICO). 

I asked how actively the law would be enforced, the likely penalties for non-compliance, and whether implied consent solutions would be acceptable. 

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34% of retailers plan to use compulsory pop-ups for cookie opt-in

While around a third of retailers will use pop-ups to request consent for cookies, the vast majority will not make cookie consent compulsory. 

These stats come from a survey of 100 retailers with revenues of £3m p.a. or more, conducted on behalf of Eccomplished.

The figures suggest there is much confusion amongst retailers over how to comply with the e-Privacy Directive, also shown in our previous survey of internet marketers

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Ask the experts: 'Will you be complying with the EU cookie law?'

The EU E-privacy Directive will be enforced from the end of next month, and businesses have some big decisions to make about how they will comply. 

Will businesses attempt to fully comply by using an opt-in consent box for users, will they attempt to do just enough to escape the attentions of the ICO, or simply do nothing? 

I asked some of the expert contributors to our EU Cookie Law: A guide to compliance report how they intend to comply with the cookie law. 

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Just 23% of web users would say yes to cookies

Websites applying opt-in consent mechanisms to comply with the EU E-privacy directive will have a hard time convincing users to accept cookies, as just 23% of respondents said they would be happy to say yes to cookies. 

One major issue with this directive is public awareness of what cookies are and what they do. Suddenly, web users will be seeing messages about cookies all over the place, accompanied with references to tracking, privacy etc. 

There is a need for education about cookies and online privacy in general, but that very process may be a turn off for many users. 

To gauge possible public reaction to the implementation of cookie compliance measures, we conducted an online survey, using the Toluna Quick survey tool. 

The survey accompanies the launch of our new report, The EU Cookie Law: A guide to compliance, which looks at how businesses can adapt to the directive. 

The results suggest that businesses have a lot of persuading to do in order to convey the benefits of the cookies they use on their websites, and to persuade users to opt-in, or at least not to opt-out. 

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