The Information Commissioner’s Office in the UK is responsible for upholding public information and privacy rights. In a recent update it announced a change to the law on how websites can use cookies coming into force on 26 May 2011. [ external link to ICO website ]

The cookies it is concerned with are not the edible kind. They are small data files that contain information about your movements online and can be read back by the site that put them there next time you visit it. The new rules suggest that every site using cookies must display a warning or alert before using them to allow the visitor to opt in or out.

It is unclear how the ICO will enforce this or with what severity they will tackle the use of cookies at this stage. The ICO admit that this is a ‘Work in Progress’ and little actual usable detail has been released.

Why is this a problem? Most sites use Google Analytics to track users visits through the site, some sites display adverts, while others remember the items you added to your basket so you can check out at any time and even come back later. All these features use cookies. These cookies make your visitors life easier and give you useful insight into your visitor’s habits on your site so you can improve their experience.

The reaction from the Internet community has been varied, from clear opposition to a more ‘wait-and-see’ approach. If sites are required to have pop-ups before you can start using them there is going to be a lot of remedial work required for most websites. And visitors will be bombarded with these warnings making browsing the web a nightmare.

Top this off with what would actually happen if this were enforced. The majority of users would ‘just say no’ and not realise why they have refused a cookie or indeed how the cookie used to help them.

At this stage we are not in a position to say how you should react to this, but rest assured we are keeping tables on development and will keep you informed!