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New rules regarding the use of cookies on websites are to come into force next month.

Changes to the EU’s 2009’s e-Privacy Directive mean that from the 26th May, all websites that track visitor behaviour through cookies must gain permission from the user first.

Cookies are small text files that are placed on a user’s PC by certain websites to track visitor behaviour. Not all websites use cookies – Amatica’s site and most of our clients don’t use them – but for some sites, such as online stores, they are essential.

They are also used by online advertisers and it is this use that has attracted the attention of the EU. Behavioural advertising, where a user is presented with adverts based on their search history and pages they have viewed, is seen as intrusive and so the powers that be have decreed that users must give their permission for cookies to be placed on their PC.

In the UK, the Department for Culture, Media and Sports (DCMS) is responsible for implementing these rules into UK law by 25th May. The department has said that it recognises that the internet would be "severely restricted" without the use of cookies. So it has been working with various browser manufacturers to come up with a solution that will satisfy the EU, businesses and users alike. But they admitted last week that it could be months before a solution is available – certainly not before the 26th May deadline.

The DCMS’ preferred option is to have users set their permissions via browser settings. Many believe this does not go as far as the EU would like, but the alternative - for each and every website to ask for permission before a user is allowed to continue – could be a nightmare to manage and severely damage online businesses.

We’ll all just have to wait and see the outcome of the Mexican stand off.

In the meantime, while work is still on-going to develop a browser based solution, the DCMS has said that it does not expect the information commission to take any action against companies found to be flouting the rules. One hopes the ICO will agree!

So what does this mean for Amatica and its customers?

At Amatica, we tend to avoid cookies and use alternative ways of remembering user data, for example session variables, where user information is stored temporarily on our own servers rather than the user’s PC.

There have been suggestions however that analytics software and even email link tracking may fall foul of this legislation. Though neither use cookies, they do collect user data and information about search patterns. While some may regard this as intrusive, it helps track the effectiveness of our website and marketing campaigns.

So, while it’s ‘business as usual’ for now, Amatica is keeping a very close eye on how things pan out.

© Amatica 19/04/2011