[ZendTo] Re: EU Cookies Directive

[Nigel Kendrick]

Thanks Jules,

I'm happy to go with that on the basis that I have now taken steps to
comply. I might add a line to the Help section on the front page to the
effect that a session cookie is is used soley for ...blah..blah etc.

Nigel

On 20 April 2012 12:12, Jules <Jules at zend.to> wrote:

>  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> wrote:
>
>>  On 20 April 2012 10:56, Nigel Kendrick <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 CEngwww.Zend.To
>
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>
>
> Jules
>
> --
> Julian Field MEng CITP CEngwww.Zend.To
>
> Follow me at twitter.com/JulesFM
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>
> '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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