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Implications of consent

Sunday, August 5, 2012 16:50

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A month or so ago we ran an article on the then latest Information Commissioner’s Office (ICO) guidelines regarding cookies and their implication for email marketing. It was then just one month until the date of enforcement of the Privacy and Electronic Communications Regulations (PECRs): 26 May. The assumption was that the guidelines were final but we were wrong.

Lastminute.com has nothing on the ICO. Literally the day before the enforcement date they published clarification on certain aspects of the PECRs. More importantly for us it was cookie law, or rather practice, that these new guidelines defined.

As you should already know the PECRs limit your ability to use cookies on a website to track visitors. The requirement is that visitors should understand what cookies are, be aware they were being used and give their informed consent.

Firstly, there was no mention of tracking cookies imbedded in images in emails. The main area of concern for those in email marketing was what level of consent was required to comply with the PECRs, especially whether or not implied consent could be assumed.

This has proved to be a difficult matter for the ICO. Without being too critical of them, the previous guidelines were less than definitive, especially given the year’s gap between the PECR becoming law and its enforcement. Thankfully they have been much more helpful with their 25 May advice.

It states: “while explicit consent might allow for regulatory certainty . . . this does not mean that implied consent cannot be compliant.”

This is excellent news for us in email marketing.

Whilst this explanation might be open to creative interpretation the guidance goes on to give examples.

“For implied consent to work there has to be some action taken by the consenting individual from which their consent can be inferred. This might, for example, be visiting a website, moving from one page to another or clicking on a particular button.”

The only limitation was that: “. . . the individual has to have a reasonable understanding that by doing so they are agreeing to cookies being set.”

Whilst the guidelines are not specific, the intention is quite clear. Further they comply with the PECRs without restricting the information email marketing depends upon.

Previous advice given by the ICO that has not been modified in this eve of enforcement clarification still stands. Whilst there have been few specifics it would seem that the following will be sufficient to comply with PECRs.

Tell visitors to your website that a tracking cookie has been placed on their computer and why. Point out that by paging through the site they are agreeing to further cookies,

Provide a link to an explanation of cookies in general and the type you use specifically,

Provide a link to information on how they may disable cookies.

Anyone involved in email marketing must feel relieved that compliance is so sensible and straightforward. However it is worrying that the European Commission appear to think otherwise. Watch this space.

Jacob Stephen, a network marketing researcher gives his maximum effort to learn about email marketing. His articles always give some valuable tips for online business entrepreneurs. In this way he suggests how to create strategies and take action to increase their leads and cash flow. He also suggests to visit http://www.wizemail.co.uk/ for more.

Techno World – an Online Technology Blog brings you the latest computer technology and tech news from all over the world. Techno World covers a range of latest emerging new digital technology, seo, web designing, internet marketing, tech gadgets, cool geek gadgets, electronics, mobile phones, robotics and inventions. Join us for technology and computer news and remain updated.”

2012-08-05 16:47:30

Source: http://www.technoworldnews.com/2012/08/implications-of-consent.html

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