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The E-Privacy Directive and Performance Marketing
- 1. The e-Privacy Directive & Performance Marketing Andrew Tibber Senior Associate http://www.linkedin.com/in/andrewtibber @atibber
- 28. “… browsers today have not harmonized the range of cookie controls in such a way as to send one clear, standardized signal to businesses that can be used as a proxy to meet compliance and respect consumer demands … realistically it’s going to be months, if not longer, to achieve clarity at a technical level. Then there’s the question of getting users to adopt new versions of browsers with enhanced controls to further support user requirements and ease compliance efforts in this area. It’s my view that site owners and third parties need to focus on improving privacy notices and statements that inform consumers of their cookie and tracking practices. In addition, any parties engaged in tracking consumers in the EU need to address compliance as if no new browser controls emerge.” (Alex Fowler, Global Policy and Privacy Leader, Mozilla (Firefox), May 2011) Possible models for informed consent
- 36. This presentation gives general information only and is not intended to be an exhaustive statement of the law. Although we have taken care over the information, you should not rely on it as legal advice. We do not accept any liability to anyone who does rely on its content.
Notas do Editor
- In December 2009, a legislative package revising the existing telecommunications and electronic communications framework came into force. Member states had until 26 May 2011 to implement the Directive. As part of this package, new rules require websites to obtain consent when placing 'cookies' on your computer, mobile or other device. The guidance given by the UK government and the ICO has stated that responsibility for compliance will be shared between ad network providers, publishers and advertisers. The message is clear: the rules apply to everyone who uses cookies and the new rules cannot be ignored. This talk will focus on: Previous position What was the previous legislation? How did businesses interpret it? What were the drivers for change? New position What is the new legislation? How does this change things? What are the unresolved questions? How to comply? What are the currently suggested solutions which will enable businesses to comply? What areas of uncertainty remain? Enforcement Who has responsibility for enforcement? What are the timescales? What is the approach? What are the penalties?
- In December 2009, a legislative package revising the existing telecommunications and electronic communications framework came into force. Member states had until 26 May 2011 to implement the Directive. As part of this package, new rules require websites to obtain consent when placing 'cookies' on your computer, mobile or other device. The guidance given by the UK government and the ICO has stated that responsibility for compliance will be shared between ad network providers, publishers and advertisers. The message is clear: the rules apply to everyone who uses cookies and the new rules cannot be ignored. This talk will focus on: Previous position What was the previous legislation? How did businesses interpret it? What were the drivers for change? New position What is the new legislation? How does this change things? What are the unresolved questions? How to comply? What are the currently suggested solutions which will enable businesses to comply? What areas of uncertainty remain? Enforcement Who has responsibility for enforcement? What are the timescales? What is the approach? What are the penalties?