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EU Cookie Directive
- 1. Cookie Law CC-BY-SA-2.0 by Luis Ferro, 2012
- 2. Bake a nice Cookie! Guide to make impeccable cookies
- 3. Who am I? I'm a PHP Developer And... IANAL!
- 4. Data Protection European Directive of 1995 Data Protection Act of 1998 Update of DPA of 2003 http://en.wikipedia.org/wiki/Data_Protection_Act_1998
- 5. Regulation of Data Protection Information Commissioner's Office http://www.ico.gov.uk Data Controlers http://www.ico.gov.uk/ESDWebPages/search.asp
- 6. Origins The Privacy and Electronic Communications Regulations 2003 Directive 2009/136/EC (specially the Article 5(3) of the E-Privacy Directive) All EC States had until 25 May 2011 to transpose it. UK transposes it in 25 May 2011
- 7. The Cookie (monster) Law
- 8. Why I should care? That is a simple question. And has a simple answer: Penalties – can go up to £ 500.000
- 9. The Law Resumed Applies to anything that runs on a user device Applies to any action of storing and/or retrieving information Requires informed consent
- 10. The ICO Recomendations Implied consent (ic) Very well Informed (specially if using ic) Simple and direct “Cookie Policies” Explicit consent (on certain cases)
- 11. Steps to compliance Audit Inform Roadmap / Plan Adapt (implied / explicit consent)
- 12. Techniques for compliance Browser DoNotTrack Geo location (ex. GeoIP) Pop-ups Layers Plug-ins etc.. (WordPress, Joomla, Drupal, etc..)
- 13. Examples
- 14. Examples
- 15. Examples
- 16. Examples
- 17. Examples
- 18. Examples
- 19. Debate Open debate of Cookie Law
- 20. Images - attributions Cook – flickr, skampy, 2510844252, license CC- BY-SA-2.0, 20120521 CookieMonster – flicker, Newbirth35,license CC BY-NC 2.0, 20120607
- 21. References Cookies http://www.allaboutcookies.org/manage-cookies/index.html http://en.wikipedia.org/wiki/HTTP_cookie History http://en.wikipedia.org/wiki/Phorm http://www.zdnet.co.uk/news/security-threats/2009/02/12/ec-warns-govt-over-phorm-foot-dragging-39615480/ http://news.bbc.co.uk/1/hi/technology/7339263.stm The Laws / Guides / etc.. http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies.aspx http://www.ico.gov.uk/what_we_cover/legislation.aspx http://www.aboutcookies.org/Default.aspx?page=3 http://www.out-law.com/page-5486 www.ffw.com/pdf/cookie-consent-tracking-table.pdf http://blogs.webtrends.com/2012/05/cookie-law-myth-busting/ http://ie.microsoft.com/testdrive/browser/donottrack/default.html
Editor's Notes
- Those are tasty cookies but We are referring to Browser cookies, sort of... So what are they and why a Law about them?
- Regulation of the registration and processing of personal data Become UK Law in 1998
- (Implementing European Directive – 2002/58/EC) E-Privacy Directive mandates the requirement of requesting consent for storing and accessing data
- "The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011" is introduced in UK in 25 May 2011 and soon it was named "The Cookie (monster) Law"
- "Implied consent is a valid form of consent and can be used in the context of compliance with the revised rules on cookies." "If you are relying on implied consent you need to be satisfied that your users understand that their actions will result in cookies being set. Without this understanding you do not have their informed consent." "You should not rely on the fact that users might have read a privacy policy that is perhaps hard to find or difficult to understand." "In some circumstances, for example where you are collecting sensitive personal data such as health information, you might feel that explicit consent is more appropriate."