"It clearly makes UK companies less competitive because sites we build will need to be plastered with warnings – and our competitors will not. It is a well known fact that at each stage of a signup process you lose customers – if you have to have a big warning sign just for a cookie that will remember you for purely convenience so that it keeps you logged in. The user wont read that detail – they will just think your a privacy nightmare and wont sign up."
An American startup doing business globally and with citizens of the UK would have to abide by this law too, though, right?
On a side note, In theory if you are EU company you cannot use a CRM which hosts your data outside of the EU. For a USA CRM company only way to get around this "Safe Harbor Policy". Do you know how many SaaS CRMs apply Safe Harbor Policy? AFAIK Only 1, SalesForce.
But obviously there are thousands of Europan users of these CRM companies which violate this EU law.
If you're in a business like that, where people are trusting you with that kind of sensitive information, I think you expect that serious customers are going to ask and they're going to need straight answers. I would agree that this is a barrier to entry for start-ups, but I think if you're trying to enter that kind of market but you aren't in a position to provide that level of service, you're already dead anyway.