European Cookie Law

[ScottieDog]

Hello

I have all the Genesis themes, I use them for my own websites and those that I occasionally build for clients.

I'm in Scotland and in May a new law will come in to force and it dictates that I must obtain consent from a visitor before I can use cookies on a website.

I have 2 questions - do the Genesis themes use cookies? (I will still have to obtain consent because all of my sites use Google analytics, but if I know whether or not the Genesis themes use cookies, then at least I won't have to do a site audit).

Does anyone know of any wordpress solutions to obtaining consent?

Thanks,

[adew]

Hi,

Welcome to a minefield....

Genesis doesn't set any cookies, but WordPress does. These cookies (check them out via your browser) are session cookies to store whether logged in/out, etc, and do not track the user as such. Theoretically, this kind of cookie which is necessary for the correct functioning of the site is exempt from the provisions of this law.

Frankly, the only definitive answer will come from a suitably qualified EU-based lawyer, so don't trust any reply you get on a "public" forum. Having said that, this article picks out some interesting points (though rather politicised in places IMO, but that's another story) which may help you decide if you do need to get legal advice.

[ScottieDog]

Thank you, it does seem a bit of a minefield and something that I have yet to see some of the big UK sites address. I wonder if they are all waiting to see who comes up with a solution first?

[HelenaB]

Originally Posted by ScottieDog

Thank you, it does seem a bit of a minefield and something that I have yet to see some of the big UK sites address. I wonder if they are all waiting to see who comes up with a solution first?

More likely they're waiting to see what penalties are imposed - risk/benefit analysis!

I have seen sites with pop-ups that explain their cookie use and basically say that the site won't work properly without them and a yes/no choice of buttons. Should have bookmarked it...

Had another look around on this - there are some WP plugins out there but they're so new that there's not much in the way of information about how well they actually work.

I think a lot of us in the EU have been hoping this would all go away as the implications of implementing the law as it (appears) to stand are pretty awful.

I have been putting off getting in touch with clients about this as it all seems so sketchy - but I think I'll at least let them know what's going on and give them a few alternatives (e.g. AWSTATS) and keep them up to date regarding implementation.

I'm guessing that once notices start going out the amount of plugins etc will increase as will clear, concise advice about how to deal with Google Analytics and Amazon etc etc.

edit (again): It's not a solution but it's quite a good way to introduce the topic to your clients if you're a website designer - The Stupid EU Cookie Law (YouTube)

[adew]

Another resource: http://tech.ipstenu.org/2011/wordpress-eu-compliance/

[ScottieDog]

Thanks for those links, I'll try out couple of the plugins and see how I get on.

[adew]

Originally Posted by ScottieDog

Thanks for those links, I'll try out couple of the plugins and see how I get on.

Cool! Let us know how you get on.

[thesportsphysio]

Hi

Looking around the plugins to help create the acceptance button - and they all link back to various companies.
Yes I understand why, but does anyone know of a customisable drop down that does not carry a third parties branding/ links.
Ideally one that I can add my own links/ logo/ text to ?

cheers

a

[westerdaled]

Hi


I have looked through: http://halfelf.org/2011/wordpress-eu-compliance/

I am still a bit confused! To comply with the EU cookie law do I need to consider:

• Is it applicable to personal WP + Genesis + child Theme personal blogging sites?
• Just 3rd party tracking cookies and not general persistent/session cookies?
• Users posting comments who are not logged in
• Users who do login
• The outcome of anyone: anonymous or logging in; who declines the use of cookes
• Any of the pluggins I have installed

Daniel

[HelenaB]

Originally Posted by westerdaled

Hi


I have looked through: http://halfelf.org/2011/wordpress-eu-compliance/

I am still a bit confused! To comply with the EU cookie law do I need to consider:

• Is it applicable to personal WP + Genesis + child Theme personal blogging sites?
• Just 3rd party tracking cookies and not general persistent/session cookies?
• Users posting comments who are not logged in
• Users who do login
• The outcome of anyone: anonymous or logging in; who declines the use of cookes
• Any of the pluggins I have installed

Daniel

With the usual disclaimer of having no legal training and not relying on forum legal advice etc etc - My understanding of the law is that if your website sets ANY cookie on the system of a visitor then you need to ask their permission beforehand with a very few exceptions. Here is a Chrome plugin that you can use to check what your site is doing cookie-wise.

WP sets a cookie if someone makes a comment on a site for example. Adsense, Amazon Ads even Google Analytics all set cookies.

The law will be upheld differently depending on what country you are in. In the UK, for example it has been bandied about that the powers that be won't "come after" a site just because it uses Google Analytics. They seem at least at first much keener on going after the big sites.

I have seen several scripts and plugins relating to this law and none of the freebies seem to follow the "letter of the law" and some seem to have some technical issues in certain browsers which doesn't make me terribly keen to implement any of them as yet.

Personally I have updated my cookie policy and made it much more visible on my own site (thus following the cop-out "showing willing" option) and I've notified all my clients of the options (deafening silence in return).

[adew]

I think the articles that various people have linked to are clear - the legislation is aimed at tracking and third party cookies. WP doesn't set ANY tracking cookies - only session cookies for logged in/out, commenter's details (name, email, website). So, nothing need be done other than be sure you have a cookie policy somewhere (as mentioned by HelenaB). For extra good measure, follow the advice in the Half Elf article linked to by westerdaled to clear cookies for non-logged in users.

(Usual legal disclaimers apply, etc, etc...)

[Michael Atkins]

It looks like the goalposts have been moved for the UK introducing 'implied consent'

In an updated version of its advice for websites on how to use cookies, the Information Commissioner's Office (ICO) has said that websites can assume that users have consented to their use of them.

http://www.guardian.co.uk/technology...mplied-consent

http://www.ico.gov.uk/for_organisati...idance_v3.ashx

[westerdaled]

Thanks HelenaB, Adew and Michael for some really excellent responses. I am now a lot clearer and much less confused. I think I will modify the login box for my blog and state my Cookie policy elsewhere on the site- I wonder if there is any legal txt I should copy and paste that would be appropriate . Also I want to make the text visible without it "popping up" intrusively. I had thought sticking in the header or top primary menu bar .I would prefer the footer but that might not be considered "visible enough".




Daniel

[maximusb]

Is Studiopress going to release a plugin to give us the option of the pop-up box for opt-in opt-out etc?

I would happily pay for a bolt on service or something like premise just for the peace of mind that it would always work on the framework and be kept up to date.

What d'ya say guys??

[adew]

Originally Posted by maximusb

Is Studiopress going to release a plugin to give us the option of the pop-up box for opt-in opt-out etc?

I would happily pay for a bolt on service or something like premise just for the peace of mind that it would always work on the framework and be kept up to date.

What d'ya say guys??

Frankly, I doubt Studiopress would be interested in doing this.

There's at least one plugin in Extend already.

[maximusb]

Originally Posted by adew

Frankly, I doubt Studiopress would be interested in doing this.

There's at least one plugin in Extend already.

Even that is saying it hasn't been tested with current wordpress version already. Not much confidence that certain dev's will keep plugins up to date.

Oh!!....and it's crap too. Hence being willing to pay.

[adew]

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