Cookie bar confusion

I had reason to visit an information website today and caught sight of the cookie bar, helpfully placed at the bottom of the screen. One mark there for not having the usual almost-a-full-page cookie warning box. But it raises some interesting questions.

Consider the cookie bar:

Ok. Teasing that statement out logically, if one does nothing at all then one would surely not expect any cookies to be set. Well, six are, two of which are Google cookies and considered to be trackers. This is poor. If one clicks anywhere or clicks the Accept button then yes, cookies are set. Personally I do not agree with the ‘clicking into the content’ part and it raises a further question. If one is to determine what types of cookie to accept then it is necessary to click on the ‘cookie settings’ or the ‘cookie policy’. These are part of the same website and are thus part of the content. So, does clicking on either of these – a necessary function before one accepts cookies – constitute ‘clicking into the content’?

The cookie policy itself lists several Google cookies as strictly necessary. Personally, I would disagree with that as I am sure others would agree.

Cookies, other than those which are genuinely necessary for the website to function, are only supposed to be set with informed consent. This means the user needs to understand what the cookies are doing and then give a positive indication that they accept that cookies will be set. Most websites now give choices as to what classes of cookie can be set and this is useful. But many, many websites still set unnecessary cookies before the user even gives consent. To my mind, the only cookie that should be set regardless is the one that records ones cookie choices. I would consider that to be strictly necessary given what it does. Tracking cookies are never necessary for a site to function, and classes of cookie that are strictly necessary really ought to be limited to those for which a website cannot function without – for example, shopping carts, and even then the shopping cart does not need to be in place when one first visits a website. If a site has been designed which cannot function without cookies and has no cart (or similar) functionality at that stage then I would strongly suggest the designer has got it badly wrong.