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The most likely impact it will have is that it will drive more advertisers to closed platforms like Facebook where gaining consent will be easier. That's not to
by scanr 15y ago
The most likely impact it will have is that it will drive more advertisers to closed platforms like Facebook where gaining consent will be easier. That's not to say Facebook won't be impacted, given that they won't be able to passively collect analytics using the Facebook like button on sites.
In terms of workarounds, here are a couple that I have found:
* Don't be a UK based company
While non UK companies are encouraged to respect these guidelines, they are not required to do so. From the guidelines:
"An organisation based in the UK is likely to be subject to the requirements of the Regulations even if their website is technically hosted overseas. Organisations based outside of Europe with websites designed for the European market, or providing products or services to customers in Europe, should consider that their users in the UK and Europe will clearly expect information and choices about cookies to be provided."
Anyone care to guess what happens if a US company has a US based website but also a based UK presence?
* Get the 3rd party to get the consent. The following wording says that if the 3rd party cookie provider has gained consent from the user, it's the website will not also need to. As in:
"The key point is not who obtains the consent but that valid, well informed consent is obtained."
i.e. Facebook may only have to gain consent for it's Like button once for any particular user, same for Google analytics etc.
This is going to be bad for a whole bunch of folk:
* Display advertisers
* Sites that need analytics
* Sites that use 3rd party widgets that require state and those 3rd party providers (discus, Facebook like buttons, etc.)
- justincormack 15y agoFacebook probably will continue to collect data from Like buttons as it is the site owner not them who has to get consent...
- scanr 15y agoIt's a good point but the wording in the guidelines suggests that both the 3rd party and the site operator share responsibility to get consent (ignoring the fact that Facebook may just sidestep this, being a US based company): "The person setting the cookie is therefore primarily responsible for compliance with the requirements of the law." and "Where third party cookies are set through a website both parties will have a responsibility for ensuring users are clearly informed about cookies and for obtaining consent." It opens up an interesting liability issue. I suspect terms of service agreements for companies that provide services based on 3rd party cookies may be updated shortly.
- justincormack 15y agoI guess as Facebook deliberately designs the Like button to track this makes sense. Although maybe it will be ok as it will only track Facebook users, who will presumably have consented. Facebook is legally an Irish company in Europe so cannot ignore this.