Chapter 6. General Questions

Functionality

Does this module block cookies?

This plugin does not block cookies, it merely advises the user about them and obtains the user's consent for them to be placed in their browser, as well as optionally providing linkage through to the site cookie policy page. When the user consents for the cookies to be placed then the notice disappears. If the user wants to block the cookies they can do so through their browser but the plugin is specifically designed and intended not to interfere with the running of any web site, or the cookies placed by it.

Does this plugin comply with the ICO's rules?

The plugin being based upon an early version from Channel Digital is a close replica of a plug-in widely used in the Wordpress community, and similar to the functionality upon the ICO's own web site, although others are also available.

To our current knowledge there have been no test law cases which can be used as a guide upon how the law will be interpreted, this no one can be entirely sure which approach is best. The ICO have however indicated that making an attempt to deal with the issue will tend to count FOR a web site owner, so whichever approach is taken, this would appear to be preferable to doing nothing.

The ICO's stance is explained in this link dated May 2012 (which may of course be subject to change): ICO: no fines for breaking cookie rules - "The watchdog stressed that sites that have taken some steps to reach compliance were unlikely to face any action."

In answering a freedom of information request to the ICO, they stated that there have been no web sites yet prosecuted in the UK for breach of the cookie rules: https://www.whatdotheyknow.com/request/cookie_law_statistics

The following document can be used as guidance by web site owners on implementation of the Cookie laws: ICO practical guidance for webmasters on the Cookie Law The sections on "Prior Consent", "Implied Consent", and "Specific and Informed" are all very useful.

Note also as an example of best practise the way the Cookie Law is implemented on the ICO's own web site: http://www.ico.org.uk/ Note the text of their opt-in banner: "We have placed cookies on your computer to help make this website better. You can change your cookie settings at any time. Otherwise, we'll assume you're OK to continue." Our website uses cookies. You can find details of our Cookie Policy here.

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