On May 26th, after a year-long grace period, the new EU directive comes into force. But just what does it mean for UK businesses?
The topic is a controversial one as there are no clear-cut guidelines as to how to comply at the moment. The law says: "a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met."
The requirements are that the subscriber or user of that terminal equipment-meaning your computer, phone or tablet, is firstly provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and secondly has given his or her consent.
So what is a cookie? Cookies are small text files, stored on a user's browser, and they are there to make a website work in a certain way and remember certain details about the user. These details might be log in information, shopping basket content or website analytical data such as ad click-through rates.
The most controversial type of cookies, and the main focus of the legislation, are those that track your browsing habits from website to website. You may have noticed items you view on shopping sites popping up in ads on other websites. This is not a coincidence, but tracking cookies at work.
With fines of up to half a million pounds for non-compliance, how can your site comply? The Information Commissioner's Office has released a set of guidelines and are expected to release an updated set soon that will give clear advice on how to abide by the law.
Currently, the ICO has stated you must have explicit consent from users BEFORE any content is stored, however there is much confusion surrounding the law, and many people have interpreted it differently. As ever, if you are in doubt the best course of action is always to seek legal counsel.