If I have understood this guidance correctly, I don't share the view
that the advice on analytic cookies is sensible.
To say that they want websites to have the pop-ups/banners/consent buttons but that
it's highly likely that they will not chase anyone if they don't bother is a fudge.
Okay, this may be a solution in the sense that it will be workable for most
but it relies on us and them effectively ignoring the law. It may be possible that
some of us may not work for people willing to take that view of the law however
unlikely the penalties may be.
It would have been better, and not too far of a stretch, for them to say that the
collection of web analytics is effectively an essential part of maintaining a web service
(would you ever run a site without collecting analytic data?) so that as long as the
data are anonymous and users are warned then the use of cookies for analytics is within
the law. It strikes that the collection of web statistics on a web server is potentially
more intrusive than a cookie.
Shawn
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