[ZendTo] Re: EU Cookies Directive

[Jules]

Okay, I've found the text backing up my previous statement.

In Article 5 paragraph 3 there are these weasel words:
"This shall not prevent any technical storage or access for the sole 
purpose of carrying out or facilitating the transmission of a 
communication over an electronic communications network, or as strictly 
necessary in order to provide an information society service explicitly 
requested by the subscriber or user."

As the user has chosen to go to a ZendTo website and logged in (or 
otherwise accepted session cookies labelling their session), these 
cookies are solely for the purpose of providing the service explicitly 
requested by the user. Without them, nothing works at all. They aren't 
used for anything else. That counts as "solely" in my book.

The document this is from is here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:EN:HTML
which is the new legislation.

So I am not intending to modify ZendTo at all, and would strongly 
discourage anyone else from doing so.

Cheers,
Jules.

On 20/04/2012 12:02, Jules wrote:
> As far as I know, where cookies are session cookies for the purposes 
> of being logged in to a website, they are exempt.
>
> I'll try to find some evidence to back up this statement.
>
> Jules.
>
> On 20/04/2012 11:55, Nigel Kendrick wrote:
>> Not according to this article - it seems best to assume you need to 
>> cover yourself although I can't see the whole world being sued for 
>> the sake of a session cookie or two, but as the person who would be 
>> in the firing line I am happy to cover my ass.
>>
>> http://www.pubcon.com/ico-david-evans-explains-uk-cookies-compliance
>>
>> "*1. Can we get clarification as to whether session cookies that are 
>> stored in the browser memory and not physically in a file are subject 
>> to the law?*
>>
>>  I think technically speaking the law doesn't differentiate between 
>> different types of cookie, so in other words if it's something stored 
>> on a device - whether its in a file or a browser - then it is caught, 
>> if you like, by this law. ...[snip]...So, the short answer is yes 
>> they are caught, but the slightly longer answer is that clearly we 
>> will take that into account when people are trying to comply with 
>> this law. "
>>
>>
>>
>> On 20 April 2012 11:21, Alexander Fisher <alex at alexfisher.me.uk 
>> <mailto:alex at alexfisher.me.uk>> wrote:
>>
>>     On 20 April 2012 10:56, Nigel Kendrick <linker3000 at gmail.com
>>     <mailto:linker3000 at gmail.com>> wrote:
>>     > Hi Jules, everyone,
>>     >
>>     > As far as I can tell, the Zendto site uses a session cookie and
>>     so needs to
>>     > comply with the EU Directive relating to site cookies. I can
>>     lash up my own
>>     > disclaimer/'I agree to cookies' front-end, but this is unlikely
>>     to survive
>>     > site updates so is there a chance of anything official being
>>     added in the
>>     > near future.
>>
>>     I'm pretty sure these cookies are exempt.
>>
>>     Where a cookie is 'strictly necessary' in order to provide the
>>     service, you don't need to get consent.
>>     http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies.aspx
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>>
>>
>>
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>
> Jules
>
> -- 
> Julian Field MEng CITP CEng
> www.Zend.To
>
> Follow me at twitter.com/JulesFM
> PGP footprint: EE81 D763 3DB0 0BFD E1DC 7222 11F6 5947 1415 B654
>
> 'It's okay to live without all the answers' - Charlie Eppes, 2011
> 'All programs have a desire to be useful' - Tron, 1982
> 'That is the land of lost content,
>   I see it shining plain,
>   The happy highways where I went,
>   And cannot come again.' - A.E. Houseman

Jules

-- 
Julian Field MEng CITP CEng
www.Zend.To

Follow me at twitter.com/JulesFM
PGP footprint: EE81 D763 3DB0 0BFD E1DC 7222 11F6 5947 1415 B654

'It's okay to live without all the answers' - Charlie Eppes, 2011
'All programs have a desire to be useful' - Tron, 1982
'That is the land of lost content,
  I see it shining plain,
  The happy highways where I went,
  And cannot come again.' - A.E. Houseman

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