No - not the chocolate chip kind. We're talking about the small pieces of code which many websites install on to the viewer's computer, allowing the website to remember and recognise visitors. This helps visitors to navigate web pages more easily, as the cookies can remember log-in details, browsing histories and ordering information. However, recent updates to the EU's Privacy and Electronic Communications Regulations mean that it is now technically illegal for UK websites to do this without first seeking the user's consent. Companies which are found to have broken the new law could face a fine of up to £500,000.
However, before you rip the server out of the socket in a panic, you should know that the body tasked with policing the regulations has said that on receiving a complaint, they will first give the offending company up to 12 months to amend their website before prosecuting. If your website has a shopping basket function, remembers when a user has logged on, or carries third party advertising and/or an analytics package, it probably uses cookies and you should seek advice from a web design professional on how to amend it to stay within the law.
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What you must not do is ignore the issue
The Information Commissioner's Office has said that UK websites will be given one year to comply with the new EU Cookie Laws.
This means that the EU's Privacy and Communications Directive, which is what is forcing the change in the UK law and come into force on 26 May 2011 will not be “enforced” in the UK until May 2012. So yes we have some time but it will run out quickly.
The main change in the law that will effect your website is this that from May 2012 you must get explicit user permission before using any cookies on your website. This is made more complicated by the fact that there are many types of cookies (some used to track people as they travel through your site and others used to help users login) and at the moment there is no easy way to allow some but not all the cookies to be switched off.
So where does this leave you. If your site uses cookies, and it almost certainly does (92% do), you may well need need to make some changes. What these are will depend on what be browser makers do in the next few months and how extensive your websites use of cookies actually is.
What you must not do is ignore the issue or risk the fine.
For more information about how this new law may effect your website please do droop me an email Pete Sonderskov of Rock Solid Solutions.