As reported in previous posts, Fashionista has been anticipating the new cookies law which comes into force this Thursday 26 May with apprehension, not least because there has been little guidance for businesses about how to bring their e-commerce businesses in line with the new rules.

The guidance published by the Information Commissioner’s Office states it is merely the ”starting point for compliance” for the new rules which require opt-in consent to the use of cookies.  However, it is helpful in some respects and in particular goes further than expected in stressing that businesses should not simply be waiting for a browser-based solution to emerge (which Government is still working on), but considering and implementing alternative methods of obtaining users’ consent.

The message is that businesses should:

• assess what types of cookies their websites use and for what purposes;
• assess how intrusive such cookies are; and
• decide which options for obtaining consent will be appropriate for their websites and different cookies used.

It provides some suggestions as to how consent might be obtained such as use of suitably prominent text in the footer or header of the website when cookies are set on the user’s device, pop ups and splash pages, tick box to terms and conditions, settings or feature-led consent.

However it stops short of giving useful practical examples of what to do if you use multiple types of cookies and in the complex area of how to manage third party cookies (which is exactly where guidance is really needed) it shies away from helping other than stating that “everyone has a part to play” in ensuring compliance.

Fashionista’s advice to websites who use cookies is that, ominous as it is (especially given that we know changes with browsers will require further change in due course), you can’t just ignore this. You need to consider (and be seen to have considered, so a paper trail is recommended) the points listed above and be able to demonstrate a plan of how you are going to achieve compliance in the meantime. 

So, if you work for an online business – do you already have a plan in place to achieve compliance? Fashionista would love to hear how its readers are preparing for the new rules. And for those in need of assistance, Fashionista’s friend and online expert Elle Todd is available to discuss the practical impact of the new rules.