Google AdSense and Cookies (Cookie Law) email

EU Cookies

[Badger37]

Hi all,
I've just received an email from Google regarding AdSense and Cookies.
Cookie Law came in a couple of years ago and seems mostly to be a waste or time and just another irritation to website visitors. I was hoping that it would quietly go away!

The email from Google reads as if you now have to implement a 'consent mechanism' if you have already - are other people receiving these emails and what are peoples views (especially if they are in the UK like me).

I've put the Google email text below.
Thanks.



Google Ads Policy Team
Dear Publisher,

We want to let you know about a new policy about obtaining EU end-users’ consent that reflects regulatory and best practice guidance. It clarifies your duty to obtain end-user consent when you use products like Google AdSense, DoubleClick for Publishers and DoubleClick Ad Exchange.

Please review our new EU user consent policy as soon as possible. This requires that you obtain EU end users’ consent to the storing and accessing of cookies and other information, and to the data collection, sharing and usage that takes place when you use Google products. It does not affect any provisions on data ownership in your contract.

Please ensure that you comply with this policy as soon as possible, and not later than 30 September 2015.

If your site or app does not have a compliant consent mechanism, you should implement one now. To make this process easier for you, we have compiled some helpful resources at cookiechoices.org.

This policy change is being made in response to best practice and regulatory requirements issued by the European data protection authorities. These requirements are reflected in changes that have been recently made on Google’s own websites.
Thank you in advance for your understanding and cooperation.
Regards,
The Google Policy Team

[RedBar]

Surely this is not just an AdSense issue:

and obtain consent to, any data collection, sharing and usage that takes place on any site, app, email publication or other property as a consequence of your use of Google products;

This must also affect WMT?

[engine]

It's worth noting, that since this cookie law came into effect, it's been a real pain, especially for users of the sites. To have that button popping up all over the place is just an annoyance.

From an AdSense point of view, just make sure you have placed the cookie consent information away from your best content. Position it so it doesn't cover your ads, or other important information. If you have implemented it well it shouldn't significantly impact your earnings. If it does affect your earning, you really need to look closely at the positioning of the consent.
I have the alert positioned at the bottom of the page and i've hardly noticed any significant change.

[Zygoot]

The majority are probably in the US, but yea, it sounds like they're going to enforce and it sounds like a major pain for EU publishers.

Check the Inside AdSense blog post, it says:

"If your websites are getting visitors from any of the countries in the European Union, you must comply with the EU user consent policy."

So pretty much every AdSense publisher has to comply with this.

[darthtoon]

This seems like it's going to be a major pain.

Been looking through the links suggested on cookiechoices.org and it seems at least some of them have the option for geo-targeting so you can at least only show the consent message to EU visitors which makes things a bit better.

Have to wonder how tightly this will be policed - are Google just sending this notification so they can look like they're complying with the EU law or will they be actively checking adsense sites?

[jetteroheller]

Proposal for Google:

I use only AdSense and Analytics with Cookies.

So why not make something like a special "ad format", where Google writes about the cookies and a yes or no button?

For example, I would like to use a 600 x 200 format over the first part of the content, where the user can decide.

Yes, the information disappears, the content below becomes visible
No, the user is brought to an other web site.

[stever]

It's still (deliberately?) unclear whether the 'implied consent' versions are good enough.

The first G para quoted by Redbar above would apply to the implied consent bar and the second would apply to having a clear legitimate privacy policy and explanation of data usage and cookies.

Given that many of us already have the second because of previous G restrictions, I imagine that the usage by British media (who are often also AS users) where they almost all use implied consent with a 'Learn More' link to a privacy policy would be sufficient.

I'm guessing the focus is getting everyone using a cookieconsent toolbar.

[bhukkel]

I read the dutch explenation of the cookie law and they say explicit.

there is also a valid consent if the Internet user surfs through the website after being clearly and fully informed about the cookies placed.

So on the first page view you have to remove adsense/social media plugins etc and if the user clicks through you can display it.

They also recommend a special cookie page with the explanation.

The language of the explanation of cookies can therefore be dependent on the
target website. Informing by means of a global reference to the general
conditions, privacy and / or permission statements is inadequate.

source in dutch [acm.nl...]

[stever]

Not really sure if that is accurate with the Dutch site, who might be expected to have the correct policy usage on their own site.

It uses the common consent toolbar:
"Acm.nl gebruikt cookies om het gebruik van de website te analyseren en het gebruikersgemak te verbeteren. Lees meer over cookies."

And also places two cookies before agreement (discovered with the View Cookies FF extension).

[bhukkel]

@stever not all cookies are forbidden..functional cookies are allowed..even some analytic cookies are allowed.

[engine]

It will become a major issue for AdSense publishers if there is insistence that the user has to click to agree to the cookies, which was how the cookie law all started out, but, in the UK, the ICO (Information Commissioners Office) clarified it to implied consent. ie, proceeding implies consent. Meaning, people no longer needed to actually click on the button.

The whole cookie law thing was a mess from the outset!

[RedBar]

Google's trying to placate Brussels etc, to seriously read about what is, and when is, this required read the EU's own page here:

[ec.europa.eu...]

It's actually quite interesting and provides a cookie consent kit deliverable in 24 languages ... good luck!

[robzilla]

Every EU member state is free to craft their cookie laws as they see fit, so long as they follow the guidelines set by the European Union. One country may accept implied consent, while another may not. It's an ugly beast.

Not showing ads prior to (implied) consent, e.g. on first pageview, will put a big dent in any publisher's revenue.

[RedBar]

I've just been reading through the cookie-notice-template_en.doc and as I expected in my case I am fine:

If your site does not use any cookies, just declare it (e.g. The Information Providers Guide site does not use any cookies). If your site uses the same cookies as the Commission homepage, you can just link to the top level cookie notice,

[ec.europa.eu...]

I assume this is still valid, it was dated 04/04/2014

[Badger37]

Hi @Redbar. Do you use AdSense? That's what I started this thread for rather than normal Cookie Law discussion.

[Leosghost]

It isn't only about adsense..and thus can affect many more sites , both within and external to the EU..
Any site which has EU visitors can be affected..

Ganalytics sets the kind of Cookies that require "notification" and possibly "consent"..
[developers.google.com...]


Explanation as to why Ganalytics is affected by EU law..
[cookielaw.org...]
The latter is a commercial site..I have no connection at all with it..But it is the best explanation re Ganalytics and the EU cookie law that I could find..Hopefully the link will stand..

Other analytics systems may or may not be subject to EU cookie law..it depends how they work..pure "session cookies" are not a "problem"..Ganalytics ( and adsense ) sets cookies which track the visitor ( are "updated" on other sites ) after they leave the site..

Not all EU countries have the same "interpretation" about the EU cookie law, it is probably safest to respect / implement "notifications" and or "optouts" that take into account the most "draconian" interpretations as required by some EU countries..

It is possible to implement a script which looks at the GEO origin of the visitor, and serves them a "notification" and or "opt out" that complies with their own national interpretation of the EU cookie law..

It will never be 100% accurate ( due to AOL European subscribers , who can appear to be coming from any one of 4 or 5 EU countries ) ..there may well be other "edge cases"..The EU recognises this, it is to be hoped that Google, in it's PR anouncement designed to impress the EU legislators , also accept that it ( and indeed Google's own GEO -targeting and cookies set on Google's own properties) cannot be 100% accurate..

Google would not like to lose the adwords income from the EU, however IMO, Google would be perfectly willing to close down adsense to the EU, whether this meant "throwing the EU adsense publishers who receive EU traffic, and other non EU adsense publishers who receive EU traffic "under the bus", or not, Google could always bame the EU legislators..

Obviously which ever way it works, and whatver site owners do, there will be a loss of income to adsense publishers, larger traffic publishers will be able to "ride this out"..half of a great deal of adsense income per site is worth paying coders to write scripts to protect..smaller publishers will not be in the same position..

[RedBar]

You've never seen any of my AdSense whinges?

Have you read the EU page? If that's what they want then do that, don't try and create some other mythical cookie directive.

The chance of anything happening to anyone is downright minimal, Google are simply ensuring they have their backs covered for EU "compliance" and for publishers to be the same.

I don't use cookies on any of my sites and AdSense still works ok for those who want to use the sites even without cookies enabled.

[netmeg]

Easier just to block EU traffic altogether. My stuff is all targeted to US only anyway.

[whyohwhy]

This cookie law should be simple; no cookies other than site critical ones till either they visit another page and by doing so giving implied consent or they follow a link in your cookie warning message and get an option to block non critical cookies.

Unfortunately it isn't simple because some say you can claim analytics cookies are critical whilst others say you can't. Then if you have activated some things in analytics you have to mention those as well so that you are not hiding anything. It is the same with adsense ads as some say as the cookies they insall are third party it isn't there problem when it is and it is the same with sharing tools.

Now for some the worst thing will be the loss in adsense revenue as if you play by the rules and don't show adsense on the first page you are going to lose a chunk of revenue (20% when I did this a couple of years back). But what is more annoying is that half of the public don't care about this cookie law and there will always be those sites you come across who take the gamble and disobey the rules believing the authorities won't check there site.

The question is how strict is Google going to get and do you really want to see if they will clamp down by not playing ball.

[Leosghost]

Easier just to block EU traffic altogether.

That's what I figure most non EU publishers will do..if their target demographic is not EU based..

The question is how strict is Google going to get and do you really want to see if they will clamp down by not playing ball.

That is indeed "The question"..

I suspect that they will want to "show the EU that they, Google, are doing something/complying"..and as such they may well be "very strict"..and cut off adsense publishers who are not complying, in Google's eyes..

[RedBar]

Google's just trying to show "willing" with their compliance and that it has informed all of its publishers to try and enter into the spirit of the diktat ... nothing, absolutely nothing will come of this, it's been almost 3 years and NO ONE has been prosecuted.

IF they do go after anyone then a big company will pay to comply, a small company will shut and open again elsewhere ... it's like so many other European directives, a massive job creation scheme that can run and run for years with no one really giving a damn about it.