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The New Google Privacy Policy

Published on March 2, 2012
Tags: Web Site Law, Internet Communication

It has been another busy week in the world of online privacy and Google is back in the spotlight with the launch of its new privacy policy. A significant update from Google is always something to interest web designers, and this example is no different.

This particular privacy update is supposed to, according to Google, get rid of inconsistencies in its previous privacy policies so that ‘we can make more of your information available to you when using Google.’ This means that Google is now better able to share users’ data between different services. For example, if you use all of your Google services while you are logged in, your search history could have an impact on the YouTube videos that are suggested to you.

The Google blog post announcing the new privacy policy gives the example of Jamie Oliver (bear with us). They say that, for instance, if you do regular searches for Jamie Oliver and you then search for recipes on YouTube, Google might take note of this and suggest his videos for you, or put up ads for his cookery books while you are using other Google services.

The impact of this is two-fold. One impact is that it can help to make services more convenient for users as their preferences will be registered across Google platforms. The other impact is that the changes are likely to make it easier for Google to target ads to web users.

Another impact of the new privacy policy, however, is that it seems as though Google may have fallen foul of EU laws and the EU is currently taking action to examine the policy. When the privacy update was first launched about a month ago, the data protection authorities in Europe expressed concern and suggested that Google ought to wait to implement the policy until an impact assessment had been carried out. However, as we can clearly see, Google have launched the changes anyway.

The concern of the European Union is that the Google privacy policy does not meet requirements with regards to ‘information provided to data subjects.’ The French data protection authority, CNIL, has been asked to examine the policy as a result. One of the main issues that have been raised is to do with the way the privacy policy has been worded; CNIL is worried that it is too general in the way it talks about Google services and the personal data involved. They are worried that this means normal web users will find it difficult to determine the details of the policy in relation to particular Google services.

Google has already tried to defend itself against the EU’s concerns, saying that they have already carried out an extensive awareness campaign to try and educate service users about the changes that are being implemented. They also argue that if you do not want your data to be shared across the different Google platforms, you don’t need to be logged into all of the services in order to use them. 

For example, you can use platforms such as YouTube, search and Google Maps without being logged in. There is also an option to go ‘incognito’ if you choose to browse the web using Google Chrome. Google also makes the point that you don’t necessarily have to operate all of your services from one single account – you can have different accounts for different services if you wish.

However, a counter-argument could run that this all serves to make privacy more complicated than it was before despite the fact it is supposed to simplify things; the new privacy policy automatically applies to everyone who uses Google’s services while logged in and there is no option to properly opt out of it. The only way to avoid the policy is to stop using Google’s services altogether. 

There are, though, some other things that concerned users can do to limit the amount of data that is linked across services. For example, they have the option to delete search histories and can view their Google Dashboard to see what data is held on them and where.

Despite this, there are still concerns. Even though Google carried out an awareness campaign, a poll carried out by YouGov found that 47% of UK Google users were still unaware of the changes. The EU action continues and there is worry from some campaign groups.

One thing we find ourselves wondering, though, is that even if people are concerned or don’t understand the privacy policy, is it going to stop people using Google services? We suspect probably not.

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Do Web Usage Trends Impact on Web Design?

Published on October 28, 2011
Tags: Web Design London, Internet Communication

Questions relating to human behaviour are always interesting and human behaviour in relation to the internet is no different. It’s always intriguing when surveys are released detailing how we tend to spend our time online – but what use do these surveys actually have? For most people, such things are largely for interest only; they provide a good snapshot of what is happening when and offer some entertainment (and possibly validation for our own internet habits).

But what about web designers? Can web usage trends have an impact on web design? Does knowing the percentage of people who use e-retail sites, for example, filter into ecommerce web design?

There isn’t really an easy answer to these questions, as the factors that impact on web design are numerous and so are not just based on how many people like to watch funny YouTube videos of cats (millions of them, if video viewing figures are anything to go by). Specific target audiences have to be kept in mind, as do the needs and wishes of businesses and others looking to start websites. Various regulations and rules have to be adhered to and the limits (and possibilities) of technology have to be explored.

So the issue isn’t simple, but arguably knowing how people like to use the internet can have some effect on certain aspects of website design. For instance, a 2004 survey found that people aged 18-29 were much more likely than people over 30 to use instant messaging services (59% compared to 33%). Information such as this can be used to influence the design of IM services: if you know that most of your users are aged under 30, it helps to focus your website design. Alternatively, it could inspire you to pitch your site design at an older, niche market.

Interestingly, the same study found that 65% of young internet users used the web to research new jobs, compared to 31% of older people. These figures are likely to be more equal now as more and more services move online, but they still provide an interesting insight into where people look for information – and could be useful if you were trying to decide how to pitch a new job vacancy website, for instance.

Of course, web usage trends are also interesting in their own right even without wondering how they might be able to help issues relating to web design. As an example, a 2011 US study found that 78% of adults (both men and women) use the internet. The study also found that people who earn more money are also more likely to be online: 96% of people with a household income over $75,000 had access to the internet as of May 2011, compared with 63% of those whose household income is less than $30,000. Young people were also more likely to be online (95%) than those aged over 65 (42%).

This also raises issues relating to the accessibility of the internet, as well as questions as to how people view it. For instance, are some people unable to use the internet because of how much it costs? Do younger people find it more relevant to their lives than older people?

Many studies have already been done on these important issues and many more are sure to be carried out in the future, but for now, let’s focus on changing web trends. In 2006, 2% of web users said that there was a video of them online. Fast forward to 2011 and that figure goes up to 10%. This also points us in the direction of other changes in web usage: social media is more popular now than it was five years ago and more businesses also have extensive online operations, both of which have helped contribute to the growth in videos online. The popularity of video sites such as YouTube also has a big part to play.

This suggests that there is a certain amount of responsiveness in the internet and web design; as trends emerge and start to become more prominent, they are developed further by designers and others keen to make the most of online potential. It also suggests that web users themselves are reactive and responsive to changes instigated by web design in the first place. After all, web habits can’t change and trends can’t start without someone creating them in the first place.

Overall then, web design and web trends are largely dependent on each other. They are both interesting to look at in their own right, but are arguably most useful – and most interesting – when seeing how they impact on each other and how one can spark a reaction in the other. As web usage continues to grow and evolve, it will be interesting to see the changes that come about as a result.

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The EU Consumer Rights Directive and Online Shopping

Published on October 21, 2011
Tags: Web Site Law, Internet Communication

Back in June, the EU Parliament passed something called the Consumer Rights Directive. This Directive has since been approved by a meeting of EU ministers and has now become law. Nations have got two years to comply with this new legislation – but what exactly is it?

As the name of it suggests, the Consumer Rights Directive is aimed at protecting consumer rights. It isn’t exclusive to online consumer activities, but this is one of the areas where it is set to have an impact. One of the main points of the directive is to stop websites from ‘pre-ticking’ boxes on online order forms, on the grounds that this can often lead to consumers signing up to things that they didn’t know they were signing up to. Web designers should take note, as there may be an obligation in the client-supplier relationship for the designer to give best advice on such matters.

One well-used example of this is company newsletters: you buy a product from an ecommerce website, but fail to notice the pre-ticked box agreeing to sign up to the online newsletter and future updates about the company and its products. Subsequently, you get inundated with advertising material you never wanted. Some pre-ticked boxes can even cost consumers money. The example given by the European Commission is the way the travel insurance box or an option for car rental will sometimes automatically be pre-ticked when customers are purchasing airline tickets.

Now all of this is going to have to stop, as pre-ticking boxes on order forms has been banned. Another aspect of the legislation is that it stops customers from being liable for charges they weren’t properly informed about when they made a purchase. They also get a fourteen day ‘cooling off’ period on purchases during which they can withdraw from their contract if they wish.

This isn’t the only thing the EU have done recently to try and protect consumers’ rights: the Privacy and Communications Directive does something similar in relation to internet advertising and online cookies, requiring users to give their consent before certain cookies can be used to stop sites from collecting so much information about them.

This brings us back to the eternal struggle between the rights of the consumer and the need for businesses to survive. It also brings us on to issues of implementation, something that is causing a bit of a headache in relation to the Privacy and Communications Directive, as countries have interpreted the legislation differently. But national interpretations and philosophical arguments aside, what does all of this mean for ecommerce websites? Will they be penalised by these recent EU directives?

On the one hand, you could argue that they are being penalised as the Privacy Directive makes collecting useful data more of a burden and the CRD stops them from taking action that may have bought in more business or helped them to get their message out to a larger number of people. However, protecting consumer rights is important and so these directives are largely positive. It also helps to make websites more honest as consumers will now have to specifically state whether or not they would like extra services rather than ending up with them regardless – something that the customers are sure to appreciate.

For example, in a recent press release, the EU details ten benefits of the new Consumer Rights Directive. The first of these benefits is that customers will be protected against ‘cost traps’ that trick them into paying for services online that ought to be free. Another benefit is that hidden charges and costs are not allowed, and consumers will have to confirm to say they understand the price they are being charged. This suggests that the only sites that will be losing out are those that probably shouldn’t be in business anyway.

Also, ecommerce is an area that is growing strongly, bucking the trend as many other areas of the economy continue to struggle. It doesn’t seem likely that these directives will stop this growth: after all, they strengthen the rights of the consumer, so if anything, they will help ecommerce even though online businesses might not like everything within the directives.

This is especially true in the UK. Figures from the IMRG tell us that the UK is the leading e-retail economy in Europe: if sales for 2011 stay on track, they’ll be worth €81billion by the end of the year.  Ecommerce is also growing at a rate of 18% per annum and more than 1 billion packages are shipped out across the UK as a result every year. It seems safe to say that a couple of Directives from the EU aren’t going to stop the online shopping juggernaut.

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Desktop PCs - the End of an Era?

Published on August 19, 2011
Tags: Internet Communication, Mobile Application Development

In the grand scheme of things, it wasn’t that long ago that the personal computer made its revolutionary entrance in the world of technology. After all, it was only in 1981 that the first PC was launched. The computer in question was the IBM 5150 and, at the time, it was at the cutting edge of technology.

The PC managed to stay at the leading edge for some time afterwards and is still massively popular today. For instance, based on Microsoft’s sales of the Windows 7 software, sales figures for the second quarter of 2011 stood at around 75 million – an impressive figure.

However, when you look a little beneath the surface, it is possible to see that the strong sales figures aren’t quite as sturdy as they first seem. In the second quarter of 2010, PC sales figures stood at around 80 million, meaning that there was a significant decline between last year and this year.

It is possible to give several reasons for this. One is that the recent global recession and resulting stuttering recovery, coupled with higher inflation and less disposable incomes for the people who previously might have bought PCs, have led to people tightening their belts rather than splashing out new technology.

This, though, is not the only explanation. Changes have been occurring in the market for a few years now, as new innovations come through and people start to acquire new and innovative devices that fill the space the PC once used to occupy. For instance, millions of people now own smartphones that have internet access, as well as other internet-capable devices, such as laptops, games consoles and tablet computers.

The tablet computer is an interesting one, especially as it leads us onto one of the technology giants of the moment: Apple. It was recently reported that Apple has got more money than the US government and, when you look at how well their sales are going – as well as the growing breadth of products that they have on offer – it isn’t hard to see why they are doing well.

For instance, even while the PC market was down 17.5% in Europe at the start of 2011, the market for Apple Macs was up by 10%. In Asia, Mac sales were up by 69.4%. This happened largely because more businesses and governments, as well as home users, are starting to use Macs in place of the traditional PC.

Apple is also the dominant force in the tablet market. If you combine all of the Android tablets, including the Samsung Galaxy Tab, EEE Pad and the Motorla Xoom, the Apple iPad is still outselling them by a ratio of 24:1. This certainly suggests that things are starting to shift away from the traditional ‘big players’ in home computing and moving in Apple’s favour.

There are several things that can help to explain Apple’s increasing dominance of the computing market. One is that it has a fairly impressive brand image that means its product launches are guaranteed to attract a large amount of attention. Another reason is that it has many more developers at its disposal than most other companies, meaning that Apple users are much more likely to benefit from state of the art apps ad other developments. 

All of this shows that even though changes are clearly afoot, the world of personal computing is still massive – and growing. 400 million personal computers are expected to be sold in 2011. Growing markets in developing countries are contributing to this, as is increased take-up of internet use.

Naturally, this raises several challenges for web designers and computer programmers, among others. For example, an increasing array of devices means there is an increasing array of factors to take into account when working in web design or coding. While this is undoubtedly a challenge, it also arguably provides more scope for the innovation we have heard so much about over the past few years, with increasing diversity in the type of devices that people are using to access the internet even as certain firms (Apple, Google) remain dominant.

It also raises interesting questions for consumers – the people who buy these products and are gradually moving away from PCs in favour of laptops and tablet computers. In particular, it raises the question of cost versus value: Apple products, for instance, aren’t necessarily the cheapest to buy and in some cases other manufacturers might offer better products (depending on your view, of course) and yet it seems that expense isn’t as big an issue for people as you might expect.

With the market still evolving, it is hard to predict exactly what will become of the PC over the next few years, but it’s sure to be very interesting to watch. The impact of Windows 8, whenever it is released, might offer some indication of what’s going on – or at least Microsoft’s response to what’s going on – but for now it seems as though rather than simply sticking to the trust old PC, people are increasingly looking for diversity, innovation, image and quality in the products they buy. It doesn’t seem like that’s going to change any time soon.

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Internet Cookies and the EU Privacy and Communications Directive

Published on August 12, 2011
Tags: Web Site Law, Internet Security, Internet Communication

There has long been tension between the need to protect consumers’ privacy on the web and businesses’ desire to grow their online operations in any way they can. One of the things that have led to some of the most heated debates is internet cookies. There has been growing concern among some consumers, for instance, that they are effectively being stalked on the internet. This can be seen in the way a product you might have looked at on one website suddenly appears in adverts on subsequent websites that you visit.

This is the result of internet cookies and, while some cookies are relatively harmless and can in fact be useful (such as by remembering your preferences and log in details), some are not so welcome. As a result, the European Union introduced a new regulation called the Privacy and Communications Directive. The aim of the Directive was to put more guidance in place so that websites know how much information they can collect on their visitors without having to ask their permission.

The Directive is also sometimes known as the ‘cookie law’ and it was due to be implemented by governments by May 2011. At the time of writing, hardly any of them had done so. Only the governments of the UK, Denmark and Estonia had taken any steps to bring the Privacy and Communications Directive into law, and Denmark has since put its draft laws on the back burner.

In the UK, things are quite a bit better, with fairly comprehensive guidelines being given out – but firms still have a year to comply with the new ruling. This means that the ‘third party cookies’, which are thought to be causing a lot of the problems faced by consumers, can still often be found and tailored advertising online still abounds.

Here’s how it works. Say, for instance, that you look on a website for a new power tool. You don’t buy it, but the internet cookies register that you have looked at the product and were interested in it. You leave the website and spend some more time browsing, when you suddenly notice that something keeps happening: adverts for the power tool you were looking at earlier – and perhaps similar products - keep popping up on websites. The aim of businesses, of course, is to try and persuade you to click on one of those adverts and then make a purchase. The concern for web users, naturally, is the extent of the information companies are apparently able to collect on them.

This is what the EU Directive is supposed to help solve, by dividing internet cookies into two groups: those cookies that are ‘strictly necessary’ for services to operate and those that aren’t, which would require users to give their consent before they could be used. As you might expect, many people working in the European marketing industry do not like the Directive as it confuses what they are and aren’t allowed to do.

One thing that has caused confusion is over what the Directive actually requires websites and businesses to do: are they supposed to actively alert users whenever a cookie is placed on their machine, or is it enough to simply make them aware of their security options within their browser, thus leaving it up to the user to alter their security settings if they so wish? Part of this issue arises because the EU’s definition of ‘strictly necessary’ is very narrow, to the point where a cookie that remembers what language you typically view websites in would be likely to fall outside the ‘strictly necessary’ category.

This makes it harder to comply with the law. If you were to assume that the requirement of the directive was that notification had to be given of all cookies outside the ‘strictly necessary’ group, this could potentially lead to a high volume of pop up alerts asking for users to give their permission to continue. This leads to another problem: a lot of browsers block pop ups as a matter of course, and even if they don’t, the vast majority of web users loath them.

However, there is still the problem of users being concerned about their online privacy. There’s also the issue of how the Directive, if fully implemented, would affect businesses: many rely on cookies to work out the extent of their return on investments and believe that tailored advertising actually enhances the user experience. All of this means that companies are now faced with trying to explain to customers the value of using third party cookies.

Even more confusing is the fact that different EU governments are determining the Directive in different ways, so while some countries propose that web users should actively give their consent to individual cookies, others are much more general. Perhaps then, once thing is clear: while a stab at a coordinated effort has been made in order to reassure web users that their privacy is protected, more action and more coordination is still needed to make sure there is a workable policy and that it won’t harm ecommerce in the process. With 27 countries in the EU that all need to be working together, it seems as this could be one that’s set to continue for a good while yet.

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