Archive for the ‘Cookies’ Category

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Irish Cookie Regulations

Irish Cookie Regulations – Update

This article was writted by Philip Nolan, Head of Commercial Law Department and Partner MH & C and Oisin Tobin, trainee, MH & C. Philip Nolan is a Partner in the Commercial Contracts and Outsourcing Department at Mason Hayes & Curran.

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The Irish Regulations transposing the new European rules on cookies have come into force. While website operators will need to exercise care to ensure that they are complying with the new regime, these new rules are less onerous and disruptive than originally anticipated.

Cookies, or small items of code placed on a user’s computer by a website, are vital to the functioning of the modern web. Cookies allow website operators to determine how users browse their sites and are a technical prerequisite for the operation of more advanced websites, such as those which require their users to log-in. Cookies can also be used, more controversially, to monitor user behavior for the purpose of targeting advertisements.

The rules governing cookies are being overhauled across Europe at present due to an EU Directive adopted in 2009. While all Member States are obliged to implement the Directive, they are given a certain degree of freedom as to the exact manner in which they chose to do so. The Irish measures which implement the Directive, and which have just come into force, seem to minimize the potential negative impact of the Directive for websites and web businesses based in Ireland.  As a result, it would seem that the new Irish regime may prove to be an additional attraction to international web based businesses considering Ireland as their EU base.

Under the new regime, all websites must have user consent before they place a cookie onto the user’s computer.  The Irish rules do not require that this consent be explicit and therefore, it would seem that consent may be implied.  In addition, they must provide the user with clear, comprehensive, prominently displayed and easily accessible information about the cookie, particularly as to its purpose. While this regime is somewhat tougher than the previous rules, which required that websites give a user the ability to “opt-out” of the cookie being used, these new rules contain a number of provisions which should ensure that websites can become compliant without having to radically overhaul their design.  The regulations note that the methods of providing information and giving consent should be as user friendly as possible. In certain circumstances users may be able to give consent via their browser settings and many consider that the use of browser settings for consent may become a popular means of managing consents. Cookies which are technically required to operate the site are exempt from these new rules.

Notably, a provision in an earlier draft of the Irish regulations, prohibiting the current practice of providing the relevant disclosures about cookie use in a privacy policy, has not made it into the final regulations.   This means that privacy policies may continue to be used, once user friendly and prominently displayed, to provide information about cookies in compliance with the new rules.

In summary, it would seem the Minister for Communications has struck quite an effective balance between the privacy concerns of web users in relation to the use of cookies and the concerns of industry in relation to over-regulation of the internet.

Attribute to Philip Nolan, Head of Commercial Law Department and Partner MH & C and Oisin Tobin, trainee, MH & C. Philip Nolan is a Partner in the Commercial Contracts and Outsourcing Department at Mason Hayes & Curran. For more information, please contact Philip at pnolan@mhc.ie or + 353 1 614 5000. The content of this article is provided for information purposes only and does not constitute legal or other advice. Mason Hayes & Curran (www.mhc.ie) is a leading business law firm with offices in Dublin, London and New York. © Copyright Mason Hayes & Curran 2011. All rights reserved.

Irish Web Design – Irish Cookie Regulations

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Cookies and what you need to know about them

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Cookies and what you need to know about them

This website, as almost all websites do, uses cookies,  to help provide you with the best experience when you visit.

Cookies are simply small text files which are placed on your pc, laptop or mobile phone when you browse a website.

The cookies help us to:

  • Make our website work as you’d expect
  • Save you having to login every time you visit the site
  • Remember your settings during and between visits
  • Offer you free services/content (thanks to advertising)
  • Improve the speed/security of the site
  • Allow you to share pages with social networks like Facebook
  • Personalise our site to you to help you get what you need faster
  • Continuously improve our website for you
  • Make our marketing more efficient (ultimately helping us to offer the service we do at the price we do)

We do not use cookies to:

  • Collect any personally identifiable information (without your express permission)
  • Collect any sensitive information (without your express permission)
  • Pay sales commissions

You can learn more about all the cookies we use below

Granting us permission to use cookies

If the settings on your software that you are using to view this website (your browser) are adjusted to accept cookies we take this, and your continued use of our website, to mean that you are fine with this. Should you wish to remove or not use cookies from our site you can learn how to do this below, however doing so will likely mean that our site will not work as you would expect.

More about our Cookies

Website Function Cookies

Our own cookies

We use cookies to make our website work including:

  • Making our shopping basket and checkout work
  • Determining if you are logged in or not
  • Remembering your search settings
  • Remembering if you have accepted our terms and conditions
  • Showing you which pages you have recently visited
  • Allowing you to add comments to our site
  • Tailoring content to your needs
  • Remembering your preferences such as colours, text size and layout
  • Remembering if we have already asked you certain questions (e.g. you declined to use our app or take our survey)

There is no way to prevent these cookies being set other than to not use our site.

Third party functions

Our site, like most websites, includes functionality provided by third parties. A common example is an embedded YouTube video. Our site includes the following which use cookies:

  • Google
  • Youtube
  • Embedly
  • Twitter
  • Facebook

Disabling these cookies will likely break the functions offered by these third parties

Social Website Cookies

So you can easily ‘Like’? or share our content on the likes of Facebook and Twitter we have included sharing buttons on our site.

Cookies are set by:

  • AddThis – provide us with lots of sharing buttons all in one neat package

The privacy implications on this will vary from social network to social network and will be dependent on the privacy settings you have chosen on these networks.

Site Improvement Cookies

We regularly test new designs or site features on our site. We do this by showing slightly different versions of our website to different people and anonymously monitoring how our site visitors respond to these different versions. Ultimately this helps us to offer you a better website.

We use:

  • Chartbeat.com
  • VisualRevenue.com

We use cookies to compile visitor statistics such as how many people have visited our website, what type of technology they are using (e.g. Mac or Windows which helps to identify when our site isn’t working as it should for particular technologies), how long they spend on the site, what page they look at etc. This helps us to continuously improve our website. These so called “analyticsâ€? programs also tell us if , on an anonymous basis, how people reached this site (e.g. from a search engine) and whether they have been here before helping us to put more money into developing our services for you instead of marketing spend.

We use:

  • Google Analytics
  • chartbeat.com

Advertising Cookies

Cookies are widely used in online advertising. Neither us, advertisers or our advertising partners can gain personally identifiable information from these cookies. We only work with advertising partners who work to accepted privacy standards such as http://www.youronlinechoices.com/uk/iab-good-practice-principles

You can learn more about online advertising at http://www.youronlinechoices.com. You can opt-out of almost all advertising cookies at http://www.youronlinechoices.com/uk/your-ad-choices although we would prefer that you didn’ as ultimately adverts help keep much of the internet free. It is also worth noting that opting out of advertising cookies will not mean you won’t see adverts, just simply that they won’t be tailored to you any longer.

We use:

  • DoubleClick – owned by Google

Banner Adverts

We fund our site by showing adverts as you browse our site. These adverts are usually managed by a partner specialising in providing adverts for multiple sites. Invariably these partners place cookies to collect anonymous data about the websites you visits so they can personalise the adverts to you, ensure that you don’t see the same adverts too frequently and ultimately report to advertisers on which adverts are working. Our partners include:

Remarketing Cookies

You may notice that sometimes after visiting a site you see increased numbers of adverts from the site you visited. This is because advertisers, including ourselves pay for these adverts. The technology to do this is made possible by cookies and as such we may place a so called “remarketing cookieâ€? during your visit. We use these adverts to offer special offers etc to encourage you to come back to our site. Don’t worry we are unable to proactively reach out to you as the whole process is entirely anonymised. You can opt out of these cookies at anytime as explained above.

Turning Cookies Off

You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies (Learn how here). Doing so however will likely limit the functionality of our’s and a large proportion of the world’s websites as cookies are a standard part of most modern websites

 

This article on the Irish Web Design website called ‘Cookies and what you need to know about them’ contains content that fiest appeared appeared in the Irish Examiner

http://www.irishexaminer.com/info/cookiepolicy/

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