Cookies Disclaimer Question

Snookered

Hi People,

Not sure if this is a question for Design or Development.. mods feel free to move.
Bit of confusion on cookies with the new Cookie Disclaimer that pops up on sites everywhere these days.

A friend of mine has as website that I do a small bit of .net coding for the odd time.

The website does not have a log-on per say
It basically allows a user to submit a form with their details and a selection of players and make a payment online to enter a fantasy game.

The site stores some basic info in a session between 2 pages,
Once the payment is successful - the entry is saved - then the user is sent an email and the session is killed on the site

Based on this setup would he need to do anything for cookies?
does the site require a disclaimer, bit grey on this area myself.

Any advice/tips would be appreciated.
Cheers,
Snookered

BrokenArrows

I was under the impression that if you are storing a cookie then you need permission, regardless of what you are storing.

Snookered

Thanks BrokenArrow,

See thats where I'm not up to speed on the web side of things.
Can't seem to find a definitive answer on the web
Cheers

SalteeDog

Some details here.

I'm assuming the commercial operation of the website is located in Ireland only - in which case Irish law applies (the directive has been implemented differently in country law across the EU...in fact some countries have yet to set it in law.)

There are some rare exceptions but best course of action is to assume that you must have a popup or banner that addresses this

Something like:-

"Blahblahblah.ie uses cookies to enhance your browsing experience and to create a secure and effective website for our customers.
By using this site you agree that we may store and access cookies on your devices, unless you have disabled your cookies." <Click to Close>.

tricky D

SalteeDog wrote: »

Some details here.

This article notes the very recent move to implied consent being sufficient. Ie. if you note it well, descriptively and prominently in your privacy policy, that's fine. The UK ICO has also just moved in this direction. http://www.theregister.co.uk/2013/02/01/ico_cookie_policy_change/ So no real need for popups or show/hide divs with consent by click.

This new approach shows a bit more common sense than the previous one.

KonFusion

http://blog.silktide.com/2013/01/the-stupid-cookie-law-is-dead-at-last/

ChRoMe

As Konfusion has rightly pointed out, its a load of b0llocks, dont pay any attention to it.

Draco

While it's dead in the UK, the Data Protection Commissioner here sent out letters as recently as December.

My personal policy on this is to do nothing unless contacted by them and then do the minium possible to comply.

Creamy Goodness

Draco has the best plan of attack here.

Don't do anything unless you're approached by the DPC. I'm currently working on two sites that we had to implement it on to two separate letters by the DPC.

The notice is similar to what boards.ie and the majority of sites to

Feathers

BrokenArrows wrote: »

I was under the impression that if you are storing a cookie then you need permission, regardless of what you are storing.

Technically, it's down to if the cookie is 'essential' for the site to work, it's OK; otherwise, you need consent. I saw someone, think it was the BBC, arguing that Analytics cookies were essential because they're a public body & in order to spend government money most effectively they need to collect data :pac:

tricky D wrote: »

This article notes the very recent move to implied consent being sufficient. Ie. if you note it well, descriptively and prominently in your privacy policy, that's fine. The UK ICO has also just moved in this direction. http://www.theregister.co.uk/2013/02/01/ico_cookie_policy_change/ So no real need for popups or show/hide divs with consent by click.

This new approach shows a bit more common sense than the previous one.

To be pedantic on it, I'd say that the pop-up banners are still implied consent, as they can be ignored — 99.99% of these websites are still using cookies before you hit accept, rather than waiting for your permission or purging the cookies if you decline.

That said OP, this idea is the scourge of the internet — please don't wreck your website with one until/unless you have to.

Actually nice personal project would be a FF plugin like Adblock to hide these banners on every site