The Dutch Parliament recently passed the “cookie law” ( Mai 8th) and this law will become active on June 5. This implementation is so swift that nobody is prepared for this quick deployment and there is almost no website, with is compliant to these new rules.
Websites of Government and regulators not compliant yet.
Apart from the fact that companies and organisations are not prepared for the required changes on their websites, it appears that the government itself is also not ready yet, in terms of the cookie legislation for her website.www.rijksoverheid.nl
This morning ( June 5) The article on the implementation of the new cookie law set four cookies without asking consent from the visitor.
OPTA does not give advice
Unlike the British regulator ICO , OPTA gives no advice yet, on what companies and organizations can do to best meet the new legislation. The ICO gave an example of how businesses and organisations could be compliant to the law.The British ICO has recently indicated that opt-in by clicking a checkbox, is not the only way to be compliant. This advice came rather late for some companies just before the deadline to be compliant.
The website of the information commissioners office Opta www.opta.nl itself is already compliant to the law, but on a draconic way: No permission is asked , because the website does not set any cookies. At first glance people might think this is great, but I am now wondering how this website is accountable. Opta’s website made with tax payers’ money should at least demonstrate that the information it gives to visitors is effective and worth the investment.
Compared to the Swedish government this is rather late. The website www.regeringen.se sets some session cookies and it is asking consent for further implementation.
It is clearly showing they are implementing this law.
The British website of the UK Parliament does not ask consent although it sets a couple of cookies without asking consent first. A link to a page with information on cookies brings the visitor towards a rather technical explanation on what a cookies is and what it is used for. I hope everybody on the public will understand it, but I’m afraid most of the technical info is lost to the people.
Germany did not adjust their laws on data protection. Although Germany has a high standard on data protection, this does not mean that Germany is saved by the opt-in opt-out problem. Peter Schaar, the data protection officer of the German Datenschutz und Informationsfreiheit (BfDI), stated that the EU guid lines on opt-in will also be compliant in Germany.
Too much emphasize on cookies
The “cookie laws” made the debate concentrate around the tracking. But this is only a small part of the digital privacy debate. Privacy, a fundamental right of people, should be treated on a higher level than cookies. It is time businesses and organisations start taking privacy as a positive way to tread their visitors and customers with respect.
To be continued ( article on how to treat your customers with respect and Privacy as a positive change )