Hissingsid - 12:52 pm on May 26, 2012 (gmt 0)

My interpretation FWIW is that there is a sliding scale.

Session and absolutely essential cookies for the functioning of the site do not need consent.

Cookies that are just used for statistical analysis and don't do anything to the website in real time need a notice, inclusion in privacy policy and consent can be assumed.

Cookies that re used to tailor your experience but you control should include a message that a cookie is being set to remember your settings next time, and therefore they store consent.

Cookies that tailor your experience in real time that the users have no control over need definite informed positive consent.

I only use GA so I'm just making a prominent link to a page on cookies that explains what we use, what they do and the fact that we assume they have given consent and in fact that it is a condition of use that they accept this. I'm not having a pop-up or growl bar, just a simple link that says "Cookies" that is a bit more prominent than my links to privacy policy, about, contact etc pages.

I'm thinking that the worst that could happen is they say "well done for trying but you need to do a bit more".