Articles: UK Law and the Cookie Monster

Cookies are little files created by websites to help them store information about your visit on your computer. They act as a kind of short term memory.

Most websites use cookies to some extent, whether it is to store the contents of your shopping cart or to keep you logged in.

New UK regulations coming into force in May 2012 require that you get a say whether or not a website can create these cookies.

Why do we use cookies?

We use cookies for several reasons. In addition to the two uses stated above we use cookies to help us analyse how people are using our website, in order for us to deduce what content is working and what needs to be changed.

To do this we use a free analytics tool provided by Google (Google Analytics). The information gathered by these cookies is totally anonymous and is not shared with any third party organisations, including Google themselves. This information cannot be used for promotional, advertising or customisational purposes.

If your website uses cookies for analytics, and your privacy policy doesn't already mention them, then you will need to add it as soon as possible.

Do you need to ask permission?

If your cookies are essential for the normal running of your website, you don't need to mention them. This use of cookies includes session variables commonly used for keeping someone logged into secure areas of a website and for shopping carts.

If you use Google Analytics or similar providers to provide you with anonymous analytics of how your website is used, you will need to a statement explaining this on your website. It will need to be clear and easy to find on your website. Also, where possible, you should provide at least an "opt out".

Google Analytics provide a free plugin for browsers should you wish to opt out.

If your cookies are used to customise your website, however, in a way which is not essential to the normal use of your website (i.e. it is an optional extra) then you will need to implicitly ask for permission to create the cookie. You don't need to do this every time a user visits, just the first time (and if your use of cookies changes). Ironically, remembering whether they have opted in is likely to be done using a cookie!

Finally then, there are cookies that are used for advertising or tracking and where the user can be identified - even if not by name. These cookies are usually provided by third party ad providers, but the responsibility for getting permission also falls on you, the website owner.

How does this affect you?

This article is intended as a quick summary about the new legislation and how it affects you. If you use any form of analytics on your website (as most of the websites we have set up do) then you will need to at least add a disclaimer on your website.

None of the websites we have set up so far use anything other than "session cookies" which remember a) that you are logged in or b) what you've added to your shopping cart. Both of which are considered to be essential and therefore do not need to be implicity chosen.