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

[robzilla]

If their cookie policy is as outdated as the OPTA they refer to -- it's called ACM these days -- that doesn't bode well for them. The sites I was referring to had similar cookie notifications, but were still considered in violation, so RTL is, too. But you're right in saying that most sites are.

[dolcevita]

RTL4 is very big player in NL (with TV and news) and i can hardly believe that they did use outdated policy,

Another examle nos.nl ( Dutch Broadcast Foundation with three Dutch public television channels and radio which do not use wall cookie warning and place 2 cookie before visitor consent.)

And the last example with with wall cookie warning is telegraaf.nl. You just consent to visit content but
they too place one cookie before visitor consent at all.

[bhukkel]

@dolcevita

You can place functional cookies without permission..so the number of cookies set before consent is not leading..it is more where are the cookies used for.

[dolcevita]

Thank you for bhukkel for correction.

Anyway i would just to point that on of the biggest player in Netherlands commercial world such an RTL4 TV do exactly same what many of us should do. Place cookie warning message in footer and display Google content before visitor consent. I believe that Google will be also happy with such a way of cookie EU policy.

[Badger37]

...and another thing :)

Looking at Google's cookiechoices.org website using 'The Way Back Machine' I see Google used to be more helpful and provided their own script for people to use! I'm not sure why they would remove it and just link to other 'vendors'?

cookiechoices.js is the script they used to document and is still being used by their blogger sites which have all started to display a large banner if you are in the EU.

"We offer two basic tools for websites. The first tool will create a splash screen, which you may wish to use for your landing page. The second tool can be used to overlay a notification bar on your landing page. If you decide that a splash screen or a notification bar are the right approach for your site, you are welcome to use the tools provided here."

I've just grabbed a copy from a blogger site to play with to see if it suits me.

[ivok]

Is there any Privacy page template so that we can use the text in it and put in our own Privacy page?

[robzach]

May I show cookie consent on EU visitors only? Planning to use maxmind country targetting tool.

[thms]

So are we still allowed to place the cookie on the first page load, before the user has chosen to accept the cookie policy?

I was thinking about this, what if your cookie widget links to your privacy/cookie policy page and on that page, you inform the user how to delete the cookies your site just placed if they don't agree with your cookie policy? It's a PITA, nobody will read that but at least it is compliant with the strictest rules because you can prove that technically a cookie is of no use if it's deleted on the next page load and this next page doesn't access the cookie information.

[jpch]

Is there any Privacy page template so that we can use the text in it and put in our own Privacy page?

There's an Italian company called iubenda that creates a privacy policy for your site. It's not a free service but it's also not that expensive. They have also implemented a cookie solution which you can see at the top of their page:

[iubenda.com...]

[Badger37]

May I show cookie consent on EU visitors only? Planning to use maxmind country targetting tool.

Yes I believe so - take a look at Google's 'blogger' platform, that's what they are doing.

[ivok]

@ipch - I saw somewhere in the thread a sample of such page, but unfortunately I can't recall. I'm not going to create a custom made Privacy page , I need something generic - like that: [eucookielaw.org.uk...]

may be I will copy /paste :)

[Leosghost]

<only partly joking>
I'm expecting the French authorities ( CNIL ) to insist that all websites ( no matter where they might be in the world ) publish all notices , agreements and "cookie solutions" in the French language in addition to the website's actual language(s).. :(
</only partly joking>

Speaking / posting as a webmaster based in France ( with Business registered in France )..I know that they would, if they thought that they could get way with it..They still might well say that if one is based in France, one has to have the "cookie notice" and pivacy policy in French..

[RedBar]

I saw somewhere in the thread a sample of such page

Are you referring to [statcounter.com...]

[denisl]

@Leosghost, being based in Spain, I have accessed (though cant remember where) an English language site that presented me with cookie warning in Spanish - so someone has a script to deliver the thing in your local language - got to be a good idea.

[Leosghost]

<Slightly aside>
Better if it looks at the language that the browser says it accepts..lots of "expats" are not fluent in the language of the country that they live in and surf from..basing the language of the message on GEO IP address could result in an awfull lot of not "fully informed consent"..I know loads of "anglophones" ( especially "expat Brits" ) who have lived "abroad" for decades..and still cannnot fleuntly speak, read or write the languages of their "adopted countries"..many "can't be bothered" ( how many sat' dishes do you know that are pointed at the UK , and whose owners never watch local TV , or listen to local radio, read local sites or press ? ) or find learning beyond how to order beer and do the shopping at the supermarket where they hardly talk to the people at the checkout too difficult..Can ( and does ) get the "expats" into a great deal of difficulty when faced with local laws and legislation..They should learn the language beyond the rudiments..but they don't..They'd have no idea what they were clicking "OK" to if it was presented in the language of where they are living as "expats"..
</slightly aside>

There are exceptions to this.But IME..not many..most "expats" do not speak or understand "the local language(s)" nearly as well as they think they do..

[denisl]

<slightly back on track>
People are getting so used to seeing these cookie things that they will understand it almost whatever language it is in. I still feel I would like a system that delivers the message in the local language - just to be safe. Google insists on delivering any legal stuff to me in Spanish, and may therefore expect the cookie message to be delivered in spanish to anyone that lives here - but then I guess if you want the visitor to understand it, it should be in the browser language.

[ChanandlerBong]

Google have announced this cookie warning HAS to be presented in all 24 official languages of the EU...goal posts move again, I think this is a political move to make the cookie choice legislation untenable.















....just joking. Imagine! :)

[Badger37]

I'm still struggling to find a cookie banner solution that I'm happy with - one that works on new/old pages and browsers and gives me easy control of things, so I'm still investigating options...

I've found a 'show/hide' div script that uses a cookie^sic to remember your preferences.

It makes use of JQuery. Testing things, it works on IE8 with old pages using QuirksMode as well as on modern browsers/pages. I can also position the div exactly where I want it which can be tricky with some of the other cookie consent scripts!

The original author put the code in jsfiddle: jsfiddle.net/FcFW2/1/
Adding a Learn More link and Got It! text works well.

So even though it's not written as a cookie consent solution this seems like a flexible way to go and might help others.

The only thing it doesn't do (out of the box) is to allow implied consent where by the message is removed automatically if you keep browsing the website.

[jpch]

Here's another solution that I came across that has a feature where you can use GeoIP to only show it to EU visitors. I have not tested this myself but figured it might be helpful so here it is:

[blog.shareaholic.com...]

[netmeg]

I would like to only show it to EU users, but I'm afraid of the performance hit I might take while it's doing the lookup.

[jmccormac]

Webmasters should invoice the morons in Brussels for the time wasted on implementing yet another of their idiotic directives.

The Irish data protection commissioner stated that a "By continuing to use this site you consent to the use of cookies in accordance with our cookie policy." message a!ong with a with the "cookie policy" phrase being linked to the cookie/privacy page is sufficient for implied acceptance.

[dataprotection.ie...]

Regards...jmcc

[edited by: jmccormac at 5:52 pm (utc) on Aug 23, 2015]

[Leosghost]

Netmeg..if you use the self hosted maxmind GEO IP system ( paid) then the performance hit is minimal, even your busy season I think you'd be OK..
If you use their ( your site(s)/page(s) makes a call to their system..pre paid for blocks of 50K enquiries ) You should still be OK..<=This is probably the one to get Hunter to take a look at for you to begin with..the total cost of the latter system is going to depend on how much traffic you are getting..
50K worth of "lookups" will cost you $20.00..prices come down with volume..

If you want to be really accurate..maxmind is the way to go ( I've had an account with them for a few years now )..it is fast..and you ( or Hunter ) can get them on the phone and talk what you need through with them..

I've no connection to them ..but a very satisfied customer..

[Leosghost]

In terms of who is the data controller when third party cookies are deployed, the website operator is regarded as a joint data controller alongside the advertising network because even though the cookies are created by the third party site, the website operator has chosen to host these 3rd party cookies on its website.

It is a shame that even the Irish Data Protection Authority do not understand that "the website" is not "hosting" 3rd party cookies ( cookies are "hosted" on visitors machines ), not the website, it doesn't even "set" them )..and has no idea what the 3rd party is setting, nor what they are doing with them..

If the 3rd party decides to do something different tomorrow from what it was doing today with the cookies and how it sets them or reads them or what it does with them, how is the website that the javascript lives on that is used to serve the ads supposed to know..plus some cookies content varies with the GEO IP of the visitor, not to mention their personal browsing history, the website cannot know what the cookies set by "3rd parties" contain..

[jmccormac]

@Leosghost Just happy that he managed to make it into the 20th Century. It is all the brainfart of intellectually underpowered politicians who were too stupid to get elected to their own country's parliament and were dumped in Brussels to an ineffectual feeding trough for political cattle by an electorate who wanted rid of them. Very "Father Ted" like with Brussels/Strasbourg being the equivalent of Craggy Island. :)

Regards...jmcc

[netmeg]

(Thanks Leo, but that seems like lot of money for what is only a handful of EU visitors ever times multiple sites and way more sessions)

[dolcevita]

Wonder why they have removed and replaced with a couple others but when cookiechoices.org appear for the first time Google offer only they own solution:
[web.archive.org...]

Isn't logical that we do use same solution (they use same solution on their blogs). They use on their blogs [adsense.blogspot.nl...] a slightly improved version but almost exactly same. One JavaScript [adsense.blogspot.nl...] and a couple lines of code inside page. Ofcourse they use GEO Targeting but it is optional.

[Badger37]

Hi @dolcevita - see my earlier post #4763007 - my thoughts exactly :)

Looking at Google's cookiechoices.org website using 'The Way Back Machine' I see Google used to be more helpful and provided their own script for people to use! I'm not sure why they would remove it and just link to other 'vendors'?

cookiechoices.js is the script they used to document and is still being used by their blogger sites which have all started to display a large banner if you are in the EU.

"We offer two basic tools for websites. The first tool will create a splash screen, which you may wish to use for your landing page. The second tool can be used to overlay a notification bar on your landing page. If you decide that a splash screen or a notification bar are the right approach for your site, you are welcome to use the tools provided here."

I've just grabbed a copy from a blogger site to play with to see if it suits me.

[dolcevita]

Ok Badger. I see it. And did you start to use it or you are still looking for something else?

[dolcevita]

According to cookie-script.com which provide free / pay solution for cookie script (relative cheap pay option for unlimited number of domains with almost any possible option that you can imagine except GEO filtering) in the situation when you decide to block third party cookies (by blocking whole third-party functionality such an Google Analytics / YouTube videos / Facebook buttons / Twitter buttons / AdSense or anything else that you use...):

"Our statistics show that only ~10% of visitors actively agree with cookie policy, so remaining 90% will not be able to use third-party functionality on your website"

Good news is that a Google spokesperson said its policy does not specify if publishers need to obtain consent before dropping cookies.

[Leosghost]

Good news is that a Google spokesperson said its policy does not specify if publishers need to obtain consent before dropping cookies.

I think you'll find that is merely Google FUD..What they say "up there" does not say that they cannot / will not /may not ban an adsense publisher who does not obtain consent..nor does it address the issue of it not being the webmaster who drops the cookies that are to adsense / doubleclick / Ganalytics or any other Google property which is / are "called" from the webmaster's page..

Google have also been known to change what they say ( see previous posts in this and other threads over the years, in relation to many Google policies ) and to make compliance ( and non -compliance ) with such changes apply retro actively.. Thus resulting in some penalties and even loss of accounts and bans.