Wednesday, April 4, 2012

EU Privacy Directive - my recommendations

In my earlier post, I covered my understanding of the EU Privacy Directive and what the current situation was with this legislation in the UK.

At the end of this post I raised the question of what you can do. So here's some recommended steps you can take to compliance:

  •  If you have an ecommerce site, immediately update your transaction Terms and Conditions.
  • Carry out an audit of all 1st and 3rd Party cookies and other tracking technologies used across the sites. Then assess whether they are still required
  • Clearly and accurately communicate to visitors about your cookie policy and what tracking is used.
  • Develop a solution that requests consent if it is not already obtained. This consent needs to be obtained before any other actions are carried out on the site.   Note: Consent can only be gained by positive action (e.g. the user doing something. The user NOT doing something is not consent.
  • Also check with your SEO company to see if any solution proposed affects your rankings (e.g. is seen as a blocker, cloaking, etc.?)
I would also strongly recommend that you speak with your legal representative or in-house counsel to ensure that you know your legal responsibilities when the legislation comes into force on the 26th May 2012.

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