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IBB Technology Update, July 2012 Is this email not displaying correctly? View it in your browser.

Smart Cookies Make sure your website is compliant Did you know? New legislation in force since 26th May 2012 requires all website operators to obtain consent for the use of cookies and similar technologies, as well as providing users with information about what cookies are used and why. KPMG reports more than 75% of British businesses have failed to take on these essential steps as required. Non-compliant websites are subject to investigation by the Information Commissioner’s Office (ICO), who may then seek undertakings to comply with the legislation, issue enforcement notices and/or impose monetary penalties of up to £500,000. What are cookies? A cookie is a piece of information in the form of a very small text file that is placed on an internet user's hard drive. It is generated by a web page server, which is basically the computer that operates a web site. The information the cookie contains is set by the server and it can be used by that server whenever the user visits the site. A cookie can be thought of as an internet user's identification card, which tells a web site when the user has returned. Are you at risk? To avoid a lengthy and costly ICO investigation, every business with a website must comply with the new legislation. Websites that use the most intrusive forms of cookies are more likely to be under scrutiny. The ICO will look out for those with third party advertising banners; flash video or animation; and social media integration, such as “Like”, “Share” or “+1” buttons, with Facebook, Twitter or Google+. The ICO are likely to enforce against bigger businesses first, and have already written to 75 of the larger businesses, asking what steps have been taken to achieve compliance. It is inevitable that the ICO will focus on smaller businesses next. How can you ensure you avoid investigation? IBB’s specialist data protection lawyers are able to assist you with compliance solutions of any

 

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complexity, for businesses of all sizes. A fixed fee (starting from £500 + VAT) gives you a consultation with IBB to discuss your requirements, including: 1. General advice on how to comply with the new legislation; 2. Draft of a new “Cookies Policy” as a stand-alone policy or as part of your existing Privacy Policy; 3. Categorisation of your cookies into the four types specified by the International Chamber of Commerce (with technical assistance from your website developer), and incorporation of this into your Cookies Policy; and 4. Design of ‘cookie consent’, according to the needs of your business (carried out in conjunction with your web developer). Why not take this opportunity to review all of your website policies? IBB’s Commercial Services Team can also assist with your Privacy Policy, Terms of Use and Acceptable Usage Policy and Terms and Conditions of Sale. For more information and to discuss your requirements please contact Robert Griffiths on 01895 207 949 / robert.griffiths@ibblaw.co.uk.

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