[Part 3 of 5 / Table of Contents]

The different forms for obtaining consent

Various methods for obtaining consent are currently being discussed and evaluated by the ICO and industry bodies. Below is a description of the most significant.

The use of browser settings. Unfortunately at the present time most browsers do not include advanced privacy setting which would allow for the user to consent individual cookies. While this is an option that could advance quickly it’s not one organization should rely on. One of the most significant challenges with this approach is that not all website visitors will have the most up-to-date browser with enhanced privacy settings. {6}

The use of pop ups and splash pages. While the use of pop-ups has been suggested as a way of gaining consent, it is an option that could seriously compromise the users’ experience on a site.

The use of terms and conditions. While the use of specific terms and conditions can be used to gain consent, it is important to note that changing the terms of use alone to include consent for cookies would not be good enough even if the user had previously consented to the overarching terms. To satisfy the new rules on cookies, you have to make users aware of the changes and specifically that the changes refer to your use of cookies. {7} This is most commonly obtained by asking the user to tick a box to indicate that they consent to the new terms when they register to their existing account or open a new account.

The use of footer or header copy. When related to the use of functional cookies, one possible solution being discussed includes the placing of text in the footer or header of the web page which is highlighted or which turns into a scrolling piece of text when you want to set a cookie on the user’s device. This could prompt the user to read further information (perhaps served via the privacy pages of the site) and make any appropriate choices that are available to them. This applies to cookies deployed when a user makes a choice about how the site works for them. In other instances, some objects are stored when a user chooses to use a particular feature of the site such as watching a video clip. In these cases, consent could be gained as part of the process by which the user confirms what they want to do or how they want the site to work. {8}

The functionality used to gain user consent is not yet defined nor have best practices been defined. It is important all organization research and keep abreast of developments in this area. On their site http://www.ico.gov.uk the ICO has implemented a very rough form of consent from users accessing the site.

[Click here for Part 4 of 'The future use of cookies in the UK: From informing to obtaining consent']

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• Background
• What is the role of cookies?
• What is the new legislation on cookies in the UK?
• When is the legislation on cookies coming into effect?
• What should you do?
• Our view on the UK cookie legislation
• The different forms for obtaining consent
• Recommended next steps
• How we can help
• References & Sources

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About Alain Portmann

My job is simple. To inspire staff, clients and consumers.

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