With just a few months to go until the Directive comes into force, a significant number of companies websites would be in breach of the law as they currently stand. Under the terms of the proposed new privacy rules, ‘the storing of information, or the gaining of access to information already stored… Is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information.‘ The implications for logins, customised content, analytics and advertising are enormous.
Whilst the debate continues on how this affects how you run your online affairs, one thing is clear: companies MUST be 100% aware of every single instance where your sites are setting cookies (including any from third party providers). Setting cookies without visitors consent will put you in breach of the law, with potentially serious legal and financial consequences. Pleading ignorance will be no excuse!