A browser-based solution to the latest change to the law on cookies is unlikely to work, according to Sitemorse.

We have partnered with solicitors Field Fisher Waterhouse to launch an innovative solution to the new EU law affecting every organisation's website, and we think the UK government and others looking for ways to implement the new law could be barking up the wrong tree.

Cookies are small bits of data which reside on a web server. Among other things they are used to track the buying experience of web users on e-commerce websites.

The EU directive - designed to maintain the privacy of users - became law at the end of May and says that users should give consent to cookies. This is a headache for companies because few know exactly what cookies are in place on their websites.

It has been reported that the UK government is working with browser manufacturers to create new settings allowing users to say yes or no to cookies on sites they visit. If possible, this could solve a headache for the many organisations wrestling to get to grips with the hidden information already on their sites.

"It seems like a nice idea" said Sitemorse CEO Lawrence Shaw. "but we think it is flawed reasoning. It could work perfectly well for a reasonably experienced user accessing a website on their own computer, at home say. But what about when they are abroad, in a cybercafé, in someone else's office? On many company computers browser settings are fixed for security reasons, so in reality this sort of solution may not work".

The second issue is the sheer number of browsers that are in use today (estimated to be more than 100, with some providers supporting many versions). The issue can then be yet further complicated by the actual device type that is in use - often the settings to delete the cookies and website 'cache' can be different by device type.

Sitemorse and Field Fisher Waterhouse, a prestigious European law firm with a particular focus on companies that are highly regulated and those with intellectual property and technology driven business models, have developed the new Cookie Audit and Advisory Service to tackle the combined technical and legal challenges that businesses face in cataloguing existing cookie use and determining appropriate user transparency and consent strategies.

The Cookie Audit and Advisory Service offers a three-stage review for businesses trying to identify and put in place comprehensive and transparent consent strategies. Initially, Sitemorse will use our SaaS web content governance tools to undertake an extensive review of the website domain and identify the cookies and other tracking devices served through it.

Field Fisher Waterhouse's privacy specialists will then review the potential intrusiveness of those cookies under European privacy law and guidance. Finally, Sitemorse and Field Fisher Waterhouse will recommend appropriate transparency and consent strategies, tailored to meet their clients' specific commercial and technical constraints.

"This isn't just a one-off, quick fix," said Shaw. "Websites evolve over time, and so do their use of cookies. It can be very difficult just keeping track of what is served through your site, where and for what reason, let alone assessing how intrusive those cookies are and what disclosures and consents are required. That's why our solution also offers ongoing 24 x 7 cookie monitoring and will report when new cookies are deployed or used outside agreed permissions. This enables businesses to really manage their forward-facing website compliance in a simple, effective manner."