The leading software development company for the digital media industry London - Bangalore
A quick reminder of who we are <ul><li>Founded in 2005 </li></ul><ul><li>Technology neutral software development and suppo...
Where we fit We are ‘smart help’ We are a technology specialist that has a deep understanding of the creative and strategi...
And now what we’re here for today
What is a cookie? <ul><li>cook·ie noun: </li></ul><ul><ul><li>A small sweet cake, typically round, flat, and crisp </li></...
Erm, so what is a cookie really? <ul><li>A small bit of code that is placed onto a user’s computer, phone, tablet or any o...
Why are we talking about this? <ul><li>Most people don’t understand what cookies do and so don’t know what information the...
Privacy and Electronic Communications Regulations (the ‘New Cookie Law’) <ul><li>They basically say that, with a small ran...
What does this actually mean? <ul><li>That every UK (and European) website must  very clearly ask users for permission bef...
What was that ‘non-essential’ thing? <ul><li>The law does allow for ‘essential’ cookies to be placed without a user’s expl...
What happens if a site doesn’t comply? <ul><li>We are not lawyers so this isn’t qualified legal advice but it seems that… ...
I’ve heard that there are ways around this… <ul><li>The short answer at this time is no, there aren’t at this time </li></...
So what do we do next? <ul><li>Read the current ICO guidelines at http://www.ico.gov.uk  </li></ul><ul><li>Carry out an au...
Discussion
Key contacts <ul><li>Gwilym Lewis – gwilym@kieon.com  </li></ul><ul><li>Smita Malipatil – smita@kieon.com </li></ul><ul><l...
London - Bangalore
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Kieon cookie law presentation Jan 2012

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Kieon presentation about the Privacy and Electronic Communications Regulations (the ‘New Cookie Law’).

The UK’s Privacy and Electronic Communications Regulations were updated in May 2011 to require users to explicitly opt-in to having “…cookies and also… [any] similar technologies for storing information.” placed on any device used to access the Internet.

A 12 month grace period was allowed in order to give website owners time to comply with the regulations.

This grace period expires in May 2012.

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Kieon cookie law presentation Jan 2012

  1. 1. The leading software development company for the digital media industry London - Bangalore
  2. 2. A quick reminder of who we are <ul><li>Founded in 2005 </li></ul><ul><li>Technology neutral software development and support co. </li></ul><ul><li>Delivers solely to the communications industry </li></ul><ul><li>Service based around “ZERO DEFECTS” </li></ul><ul><li>UK company/ international management team </li></ul><ul><li>60 plus fulltime employees </li></ul><ul><li>Serious about corporate social responsibility </li></ul>
  3. 3. Where we fit We are ‘smart help’ We are a technology specialist that has a deep understanding of the creative and strategic process. We understand the context of what we develop ensuring that you get the best solution possible.
  4. 4. And now what we’re here for today
  5. 5. What is a cookie? <ul><li>cook·ie noun: </li></ul><ul><ul><li>A small sweet cake, typically round, flat, and crisp </li></ul></ul><ul><ul><li>A person of a specified kind: &quot;a tough cookie with one eye on her bank account“ </li></ul></ul><ul><ul><li>A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is used for an origin website to send state information to a user's browser and for the browser to return the state information to the origin </li></ul></ul>
  6. 6. Erm, so what is a cookie really? <ul><li>A small bit of code that is placed onto a user’s computer, phone, tablet or any other device that accesses websites that allows websites to track and/or report on what a user does </li></ul><ul><li>They are used for everything from keeping your webmail logged in to keeping the contents of your shopping basket to tracking what you look at on one website and making sure you see related adverts on the next one you visit (ever felt like you were being stalked…?) </li></ul>
  7. 7. Why are we talking about this? <ul><li>Most people don’t understand what cookies do and so don’t know what information they are sending to website owners </li></ul><ul><ul><li>PWC conducted an online survey of over 1000 ‘intensive’ internet users February 2011 </li></ul></ul><ul><ul><ul><li>41% of those surveyed were unaware of any of the different types of cookies </li></ul></ul></ul><ul><ul><ul><li>Only 13% of respondents indicated that they fully understood how cookies work, 37% had heard of internet cookies but did not understand how they work </li></ul></ul></ul><ul><ul><ul><li>37% said they did not know how to manage cookies on their computer </li></ul></ul></ul>
  8. 8. Privacy and Electronic Communications Regulations (the ‘New Cookie Law’) <ul><li>They basically say that, with a small range of exceptions, before anything that allows user data or activity to be tracked it must be opted in to by the website user </li></ul><ul><li>This actually became law on the 26 th of May 2011 (that’s not a typo). There has simply been a 12 month grace period to allow website owners and providers to get things fixed which expires in May of this year </li></ul>
  9. 9. What does this actually mean? <ul><li>That every UK (and European) website must very clearly ask users for permission before any non-essential cookies (or any sort of tracking code) are placed on their device </li></ul>
  10. 10. What was that ‘non-essential’ thing? <ul><li>The law does allow for ‘essential’ cookies to be placed without a user’s explicit permission. At the moment ‘essential’ is taken to mean something that is required to deliver the services of the website being viewed </li></ul><ul><ul><li>Keeping track of the contents of a shopping basket </li></ul></ul><ul><ul><li>Keeping a user logged into their email </li></ul></ul><ul><li>BUT NOT ‘and also sending/storing tracking data’ (you can’t be clever and add in extra parts to an essential cookie) </li></ul>
  11. 11. What happens if a site doesn’t comply? <ul><li>We are not lawyers so this isn’t qualified legal advice but it seems that… </li></ul><ul><li>Someone has to report a site for being non-compliant. If it isn’t the maximum fine is £500,000 </li></ul><ul><li>In reality fines appear to be a last resort and there are a series of compliance steps that are likely to be required before this </li></ul><ul><li>That said; users are going to start expecting to opt in and question sites that don’t do this </li></ul>
  12. 12. I’ve heard that there are ways around this… <ul><li>The short answer at this time is no, there aren’t at this time </li></ul><ul><li>The law refers to “…cookies and also to similar technologies for storing information.” and the ICO guidelines are quite clear that it is the intent that matters and not the technology per se. </li></ul><ul><li>The bottom line here is that it’s going to better to comply than try and be clever in ways to evade the law unless there’s a really important reason not to </li></ul>
  13. 13. So what do we do next? <ul><li>Read the current ICO guidelines at http://www.ico.gov.uk </li></ul><ul><li>Carry out an audit of your website(s) to see what cookies are being used </li></ul><ul><ul><li>Don’t forget that developers often don’t mention where/what they’ve used as they’ve (cookies) been part of the furniture for so long </li></ul></ul><ul><ul><li>Make sure you are clear on what third party cookies are being used – ad networks, other people’s content etc. </li></ul></ul><ul><li>Make a plan to make sites compliant! </li></ul>
  14. 14. Discussion
  15. 15. Key contacts <ul><li>Gwilym Lewis – gwilym@kieon.com </li></ul><ul><li>Smita Malipatil – smita@kieon.com </li></ul><ul><li>Jonny Scurfield – jonny@kieon.com </li></ul><ul><li>Gary Tannen – gareth@kieon.com </li></ul>
  16. 16. London - Bangalore

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