The EU ePrivacy Directive - Navigating the UK Cookie Law

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Silverpop and the IMRG take a look at the EU ePrivacy Directive and the UK implementation. Contains an overview of the ICO guidance as well as best practice recommendations on how marketers can become compliant.

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The EU ePrivacy Directive - Navigating the UK Cookie Law

  1. 1. Silverpop Webinar:The EU Privacy DirectiveTracking and Analysing the Cookie Law Changes+ Best Practice Recommendations on How To Become CompliantWithout Sabotaging Your Online Marketing!
  2. 2. Because perhaps life is too short to read EU Directives? Over half of companies have (57%) have read the EU e-Privacy Directive, while 43% say they have not. - eConsultancy’s EU e-Privacy Directive Survey
  3. 3. What is theEU ePrivacyDirective? What Does it Mean for Marketers? How Can Marketers Work Q&A Session Towards Compliance? Please type your questions into the box above at any time during the webinar…
  4. 4. Meet 2 experts who promise us they have read thedirective… Andrew McClelland, Richard Austin, Director of Operations at IMRG eStrategy Consultant, Silverpop
  5. 5. EU Direc-tives are EU-wide lawspro-posed by the Euro-pean Com-mis-sion and enacted jointly by the Euro-pean Coun-cil and the Par-lia-ment.
  6. 6. Direc-tives only have legal effect when trans-posed into law by the EU Mem-ber States. Trans-po-si-tion is manda-tory, butMem-ber States often miss the dead-lines!
  7. 7. Once trans-posed, the lan-guage is inter-preted andenforced by the enforce-mentauthor-i-ties of each Mem-ber State – in the UK this is the Information Commissioners Office (ICO).
  8. 8. This webinar looks at the guidance published by the ICOand gives our interpretation on emerging recommendedpractice for marketers aiming at a UK audience…
  9. 9. 6 (1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.(2) The requirements are that the subscriber or userof that terminal equipment-- (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent.
  10. 10. “(3A) For the purposes of paragraph (2), consent may besignified by a subscriber who amends or sets controls on theinternet browser which the subscriber uses or by using anotherapplication or programme to signify consent.
  11. 11. “(3A) For the purposes of paragraph (2), consent may besignified by a subscriber who amends or sets controls on theinternet browser which the subscriber uses or by using anotherapplication or programme to signify consent. The ICO does not consider browsers to be sophisticated enough, at present, to be relied on as the mechanism for consent.
  12. 12. (4) Paragraph (1) shall not apply to the technical storage of, or access to,information--(a) for the sole purpose of carrying out the transmission of a communication overan electronic communications network; or(b) where such storage or access is strictly necessary for the provision of aninformation society service requested by the subscriber or user.
  13. 13. Effective Implementation
  14. 14. So what should I actually do now?
  15. 15. 1. Audit all of your web estate2. Understand what cookies are being served and their level of intrusiveness3. Develop mechanisms for gaining consent
  16. 16. Find out what cookies are being served on your sites…Consider using an automated auditing tool such as: http://imrg.cookiereports.com/
  17. 17. Remembering that the Directive states that users should be provided with“clear and comprehensive information”
  18. 18. Include the name and description of ALL cookies in your Privacy Policy. This could be used as an opportunity to show the user the benefits of the cookie and why this results in an enhanced experience.http://www.bbc.co.uk/privacy/bbc-cookies-policy.shtml
  19. 19. Let’s take a look at some examples…
  20. 20. http://www.ico.gov.uk
  21. 21. http://www.allthingsd.com- Owned by Dow Jones, published of the Wall Street Journal
  22. 22. http://www.cifas.org.uk
  23. 23. Customise the contentCopy & paste the code into your website
  24. 24. We’ve listed Silverpop cookies – so your 3rd party cookies and made thisavailable to all customers via the Support Portal.You can easily copy and paste the information into your Privacy Policy.
  25. 25. You can then easily copy and paste the information into your Privacy Policy.
  26. 26. “The Regulations apply to cookies and also to similar technologies for storinginformation. This could include, for example, Local Shared Objects.”“A cookie is a small file, typically of letters and numbers, downloaded on to adevice when the user accesses certain websites. Cookies allow a website torecognise a user’s device.”Source “guidance_on_the_new_cookies_regulations - ICO 2012.PDF”
  27. 27.  Audit all cookies used by your website and other web assets e.g. microsites Assess all non essential cookies Request opt-in for cookies Maintain a record of opt-ins Include the name and description of ALL cookies in your Privacy Policy
  28. 28. About Silverpop• Email marketing and B2B marketing automation software• 1,500+ customers• Across 38 countries• 425 employees• UK headquarters since 2005
  29. 29. Questions & Answers
  30. 30. • Resource Centre at silverpop.com – White papers – Webinars – Blogs – Case studies – Newsletters• Presentations on SlideShare – www.slideshare.net/Silverpop *New e-Privacy Tip Sheet*
  31. 31. Thank you for your time! @Silverpop @IMRGupdate

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