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Flaydemouse Summer Newsletter 2012
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01935 479 453

8 Buckland Road
Yeovil
Somerset
BA21 5EA

Dear Subscriber,

Welcome to the Summer 2012 edition of the Flaydemouse newsletter, focused on the new UK website cookie legislation

The new UK website cookie legislation may affect your website

From BBC News... From Sunday, sites must obtain "informed consent" from visitors before saving cookies on a machine.

Cookies are pieces of personal data stored when users browse the web, sometimes to power advertising...

...The guidelines, set by the EU, mean visitors must be told what cookies are being placed on their machine.

Exceptions

From Real Business... There is an exception available if the storage of information is “strictly necessary” to provide the service that the customer requires.

This is a very narrow definition that really only applies to online sales where a checkout service on the website requires that a customer’s selections can be stored.

Google Analytics

A lot of websites including our own use Google Analytics for website statistics. Google Analytics uses cookies to help us to analyse how users use the site. It counts the number of visitors and tells us things about their behaviour overall – such as the typical length of stay on the site or the average number of pages a user views.

From Out-Law... David Evans, the ICO's strategic liaison group manager for business and industry...

"It is technically a first-party cookie if you are using Google Analytics," Evans said. "If you explain your cookies and say 'here's the tool Google's got and where to find it' that is unlikely to prick our ears up in enforcement."

"It is really difficult for website owners to know or understand what Google is doing with its analytics tools but what the ICO is asking for at this stage, it appears, is that websites display information explaining that Google has those tools and inform users where to find information on Google's own pages about them," he said. "If you do that it is unlikely that the ICO will take enforcement action against you."

Summary

If your site uses Google Analytics your privacy policy should mention the use of Google Analytics for website statistics with a link to their Google Analytics Privacy Policy.

Most of the sites we have made have been set-up with Google Analytics, so will require a privacy policy if one doesn't exist, or should have Google Analytics removed in order to comply.

If your site has ecommerce or similar login/account functionality for public visitors then the privacy policy should explain the use of a cookie to provide this functionality.

Please contact us to discuss

The contents of this email has been provided for information purposes only and does not constitute legal advice.

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