It’s been one-year since the EU “cookie law” officially came into effect. This webinar reviews the current situation, shares WFA members' perceptions and offers recommendations on how advertisers can respond to this changing landscape.

1. ePrivacy: is the EU going
to kill digital marketing?
WFA webinar 22nd May 2012

2. Quick introductions

5. European Action Group
Digital Network
Digital Governance Exchange

8. d a
n
A ge
1. What’s at stake?
2. WFA survey results
3. EU state of play
4. What it means for marketers
Rob Dreblow Any Ung Rangarajan

9. KE?
T A
T S
’S A
AT
H
1 .W

10. What’s at stake

11. What’s at stake
Sony is asking you to place a cookie on your computer. When you visit Sony’s websites we may use
an industry-wide technology called "cookies" which stores certain information on your computer and
which will allow us to customize your experience to better match your interests and preferences, or to
simply facilitate your signing in to use the services.

12. What’s at stake
Sony is asking you to place a cookie on your computer. When you visit Sony’s websites we may use
an Sony is askingtechnology called "cookies" which stores certain you visit Sony’syour computer anduse
industry-wide you to place a cookie on your computer. When information on websites we may
whichSony allow us to customize your experiencewhich stores certain you visit Sony’syour computer anduse
an industry-wide technology called "cookies" tocomputer. When information on websites we may
will is asking you to place a cookie on your better match your interests and preferences, or to
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSonyallow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse
whichSonyallow us to customize a the "cookies" tocomputer. When information on websites we may
an industry-wide technology use cookie on your better match your interests and preferences, or to
will is asking you in to called services.
simply facilitate your signing in to use the experiencewhich stores certain information on your computer and
an will allow us technology called services.
whichindustry-wide to customize your "cookies" to better match your interests and preferences, or to
simply facilitate your signing in to use the experience to better match your interests and preferences, or to
which will allow us to customize your services.
simply facilitate your signing in to use the services.

13. Leading by example?

14. E Y
R V
S U
A
F S
W LT
2. U
R ES

15. ePrivacy Directive compliance:
a work in progress
In a nutshell, where do you stand today in terms of complying with the
ePrivacy Directive?
15% 85%
Know what we need to do, In progress
but haven’t started
Source: WFA’s survey on ePrivacy, May 2012, 13 respondents

16. Developing compliance solutions: a
mixed picture
Have you conducted a “cookie audit?”
Source: WFA’s survey on ePrivacy, May 2012, 13 respondents

17. Developing compliance solutions: a
mixed picture
Has your organisation changed the
Have you conducted a “cookie audit?” way it uses cookies in any way?
Source: WFA’s survey on ePrivacy, May 2012, 13 respondents

18. Developing compliance solutions: a
mixed picture
Has your organisation changed the
Have you conducted a “cookie audit?” way it uses cookies in any way?
How are you going to develop the technology behind your consent solutions?
Source: WFA’s survey on ePrivacy, May 2012, 13 respondents

19. ‘Strictly necessary’ cookies
Which of the following cookies have you classified as ‘strictly necessary’ and
therefore not subject to the consent requirement? Select all that apply.
Source: WFA’s survey on ePrivacy, May 2012, 12 respondents

20. Uncertainty around consent
solutions to adopt across EU
Will your organisation adopt a single consent solution across all markets?
If no, do you know which consent solution you are going to apply in the
following 6 EU markets?
Source: WFA’s survey on ePrivacy, May 2012, 13 respondents

21. O F
A TE
ST
EU
2. Y •
LA
The new ‘EU cookies rule’
P •
•
What does ‘consent’ mean?
The new proposed EU data protection
regulation

22. The ‘EU cookies rule’
Companies can place cookies if the user…
Old wording New wording
… is provided with clear and … has given his or her
comprehensive information consent, having been
and is offered the right to provided with clear and
refuse such processing by comprehensive information.
the data controller.

23. What is covered?
IN OUT

24. Lost in translation
Consent / con·sent (kənˈsent)
English French German Spanish Italian Dutch Portuguese
is only allowed n'est permis nur gestattet ist, a condición de sia consentito alleen is só seja
on condition qu'à condition wenn der que dicho unicamente a toegestaan op permitido se
that the que l'abonné betreffende abonado o condizione che voorwaarde dat este tiver dado o
subscriber or ou l'utilisateur Teilnehmer oder usuario haya l'abbonato o de betrokken seu
user concerned ait donné son Nutzer auf der dado su l'utente in abonnee of consentimento
has given his or accord, après Grundlage von consentimiento questione gebruiker prévio com base
her consent, avoir reçu, klaren und después de que abbia espresso toestemming em informações
having been dans le respect umfassenden se le haya preliminarmen heeft verleend, claras e
provided with de la directive Informationen, facilitado te il proprio na te zijn completas,
clear and 95/46/CE, une die er gemäß der información consenso, voorzien van
comprehensive information Richtlinie clara y dopo essere duidelijke en
information, claire et 95/46/EG u. a. completa, stato volledige
complète, über die Zwecke informato in informatie
der Verarbeitung modo chiaro e
erhält, seine completo,
Einwilligung
gegeben hat.

25. Outlook in Europe
Negative
Uncertain
Positive
Transposed Not transposed
•Austria •Belgium
•Bulgaria •Cyprus
• *Croatia •Greece
•Czech Republic •Italy
•Denmark •*Norway
•Estonia •Poland
•Finland •Portugal
•France •Romania
•Germany •Slovenia
•Hungary •*8 EU Member States,
•Ireland plus Norway
•Netherlands
•Latvia
•Lithuania
•Luxembourg
•Malta
•Slovakia
•Spain
•Sweden
•UK
•*19 EU Member States,
plus Croatia

26. And just as the dust settles…
“Citizens do not always
feel in full control of their
personal data”
EU Commission Vice-President
Viviane Reding

27. Draft new EU data protection law
Rewriting the rules one more time
• “Directive” becomes “Regulation” – directly applicable across EU
• Personal data – “any information relating to a data subject”. Potentially
including cookies, IP addresses etc irrespective of how they are
encrypted or anonymised
• Consent – must be “explicit”: a “statement or clear affirmative action”.
• Children – “Verifiable” parental consent required when collecting (any!)
data from children under 13
• Sanctions – Up to 2% of a company’s annual worldwide turnover
• Administrative burden – Data protection officer in companies > 250
employees, mandatory privacy impact assessments, privacy by design…
• Uncertainty – key concepts to be defined after adoption by ‘delegated
acts’ (right to be forgotten, privacy by design, verifiable parental
consent...)

28. The jury is still out

29. Timeline
“Under construction” for a few more years
• June 2012: Start of legal procedures against Member States
which failed to implement ePrivacy Directive
• Early 2014: 1st reading on Data Protection Review (DPR)
• 2014: new EU Commission, European Parliament elections
• Around 2015: Final adoption of DPR
• Approx. 12 months after DPR adoption: Delegated acts
• May 2015: Assessment of ePrivacy Directive

32. R
S FO
N
M EA
T IT
HA R S
W ETE
4. RK
M A •
•
As a company
As part of the industry

33. Cookies: audit your current practices
(and your suppliers)

34. Be completely transparent

35. Talk to WFA national associations
wfanet.org/en/membership

36. Consent… room for innovation
http://www.chevrolet.com/

37. Getting industry’s house in order

38. An emerging global standard
US EU ICC
t al
inen Glob ark
Live Im m m
b ench

39. Ensuring full transparency…

40. … and control www.youronlinechoices.eu

41. Role of marketers
• Programme to be “live”
shortly
• Ensure any OBA suppliers are
compliant: media agencies,
ad networks, ad servers,
DSPs…
• Check for EDAA certification
seal!

42. In a nutshell…
 Don’t panic – but don’t put your head in the sand
 Designate an internal pan-EU lead
 Audit your current practices and clean up where needed. Prioritise
those practices that might be considered more intrusive
 Go the extra mile to be transparent about data collection and use
 Talk to national advertiser associations to understand specific local
requirements
 Ensure your suppliers are in line with any changes to your policy
or practices. Once EDAA is live, check that OBA suppliers are
certified to comply with the self-regulation programme
 Keep a record of what you’re doing

43. Q&A

44. Next meetings
Digital Network: 7 November European Action Group: 29 May

45. Thank you!
Malte Lohan
m.lohan@wfanet.org
Emil Valdelin
e.valdelin@wfanet.org