The so-called EU ‘Cookie Law’ came into force in 2011 and at the time website owners were justifiably concerned. The law (e-Privacy Directive) said that end-users had to consent to cookies being stored on their local devices. In response, some websites implemented pop-ups for customers to check ‘yes’ to agree to cookies.
This evolution in the law now sees websites generally using one of three designs: 2
- Large banner, e.g. Santander:
- Discrete banner, e.g. Debenhams:
- Link from the Homepage, e.g. facebook
- Public concern about cookies is low. Econsultancy cites just 38 concerns about cookies raised on the ICO’s website between April and June 2014, compared to 47,000 complaints about marketing communications. 3
- Many of the ‘major websites with high traffic are using a link: Amazon, Facebook, Google.
- Customers are so used to clicking off adverts on websites that the value of a banner rather than a link is debatable.
The Cookie Law may have been heavily criticised (see http://blog.silktide.com/2013/01/the-stupid-cookie-law-is-dead-at-last/ as an example) – but our stance remains that if you use a customer link to the site policy for cookies and privacy, update it when necessary, then you keep your website to the ICO guidance without interfering with the user experience.
Note: This blog does not constitute legal or other professional advice and should not be relied on as such. Specific advice should be sought about your individual circumstances.