Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.The value of revealingthe invisible...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Agenda• Who is Evidon?– Sample clie...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.About3• 16 million users• 8+ millio...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Huge Opportunity, with Just as Many...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.When you aren’t aware of tracking, ...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Evidon “Reveals The Invisible Web” ...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 7Grow revenueby controlling tracki...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.EU Partners8• 343+ million DAILY ad...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Self-Regulation9
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.What You Need to Do101. Audit/monit...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.US Self-Regulatory Enforcement Acti...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.1. Audit/monitor tracking on sites2...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.E.U. Self-Regulatory Programme (AdC...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.The Revised EU ePrivacy Directive14
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.EU ePrivacy DirectiveA LAW requirin...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Where The Law Stands• EU law ratifi...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Updates to legal landscape• Trend t...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.What You Need to Do181. Audit/monit...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.But what does “gain consumer consen...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Explicit Consent Option20
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.US Example
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Nestle.nl22
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Nestle Cookie Control23
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.P&G UK24
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.P&G UK25
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Kimberly Clark26
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 27Site Notice: Implied Consent Opt...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 28Implied Consent Option After Cli...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 29Implied Consent Option After Cli...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Differing Standards of Consent• Eve...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.In Summary• The “Cookie Law” isn’t ...
Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Thank You.Damian ScraggManaging Dir...
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Cookie Seminar | 5 juni | Damian Scragg | Evidon

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  • But we’re here to talk about cookies……….you are all familiar with theAdChoices iconThe US programme started 3 years ago with the formation of the DAA – ultimately reporting to the FTC and policed by BBBThe EU programme was formalised at the end of last year – although clients like ClickDistrict started running the icon a year earlier.The Canadian programme is almost finalised and we hear that Australia will be next.
  • KIAWhat Happened: The Accountability Program visited the www.kia.com website used five web browsers (i.e. Chrome, Firefox, Internet Explorer, Opera and Safari). They observed third parties known to engage in OBA that were collecting user data through various tracking pixels embedded in the site.   Within the same browsing session, the Accountability Program then visited multiple non-affiliated websites and was served with Kia ads. None of these ads contained the enhanced notice required under the Transparency Principle (which is given most often via the DAA AdChoices Icon). Thus, the Accountability Program initiated a formal inquiry with Kia to determine why the ads did not contain the requisite notice. Kia’s Response:In response to the Accountability Program inquiry, Kia has instructed Initiative, its media agency, that it expects its third-party ad networks to comply with the OBA Principles, including serving the AdChoices Icon.   Furthermore, Kia also stated that it would license its own DAA AdChoices Icon in order to implement its own ability to serve the AdChoices Icon (rather than just rely on third-party ad networks to do so). Initiative stated that, as instructed by Kia, it was working with advertising networks to ensure that all Kia OBA campaigns going forward would be in compliance with the OBA Principles. WILL THERE BE A US LAW:We would be surprised based on regulatory conversations so far, there doesn’t appear to be an appetite for this kind of legislation.
  • EDAAUK – Advertising Standards Authority CAP Code – Code of Advertising PracticeThere has been no enforcement action yet as the programme is so new
  • Talking Points:- Regulators expect a much higher standard/level of enforcement than the ePrivacy Directive
  • Denmark - No change in the law, but in April the Danish regulator issued updated guidance re-affirming that an implied consent approach will suffice, so long as the user is provided with an appropriate notice (when first visiting the web site) setting out appropriate information on the use of cookies, a link to an appropriate 'cookie policy' -  with information on how to reject the website's use of cookies. A cookie-consent tool (to adjust cookie settings) is also recommended. Norway - The proposed new law would replace the current suggested requirement of a strict opt-in approach with an implied consent approach based on browser settings - backed by sufficient information on the use of cookies, their purpose and the identity of the parties processing the information. Poland - In practice nothing has changed - the law took effect in March and implied consent with appropriate notice through banners is the accepted approach and enforcement will be to that level. Hence clear and unambiguous information about cookies, their purpose, the user's right to access information about them and the ability to accept or refuse cookies is the accepted standard. So, in summary these developments simply confirm the trend that 'implied consent' is the generally accepted model and therefore, your solution will work across jurisdictions.
  • Well thankfully not this anymore………
  • This is below the fold – about 4 or 5 pages down, acceptable as it is self-regulation
  • Law requires informed consent based clear and comprehensive information
  • Specific consent
  • We recently met with the ICO and they don’t expect to have to issue monetary penalties – however, they are stepping up the contacting of businesses and we see this as we get waves of people interested in how we can help them.But to put some perspective on the importance that consumers give this – in a certain period last year when the ICO received 200 complaints relating in some way to the Directive, they received 30,000 consumer complaints relating to people receiving spam text messages.
  • Cookie Seminar | 5 juni | Damian Scragg | Evidon

    1. 1. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.The value of revealingthe invisible web
    2. 2. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Agenda• Who is Evidon?– Sample clients• Regulatory Status in the US & EU– Legal and self-regulation– Enforcement update– What you need to do – US & EU– Examples of site disclosures2
    3. 3. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.About3• 16 million users• 8+ million panel• 2,800+ trackerson over 26 milliondomains worldwide• Only comprehensivetracking code library• Sees dataweb scanners miss
    4. 4. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Huge Opportunity, with Just as Many ChallengesData and tagsout of control;You can’tcapitalize onwhat you can’t see4
    5. 5. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.When you aren’t aware of tracking, it can …5prevent you from beingtransparent withconsumers, putting theirprivacy and your complianceat riskslow down page load anddiminish conversions,depress SEO rankingsallow companies to collect yourdata without you knowing it,devaluing the ads you sell andincreasing costs of the ads you buy…increase cost and diminish revenueA one-seconddelay can causea7% drop inconversionSource: Walmart, Page Performance & Site Conversion – Feb 2012…the commission finedPath $800,000…”
    6. 6. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Evidon “Reveals The Invisible Web” to HelpYou…6Grow revenueby controlling trackingon your website.Comply with globalprivacy regulations andprotect consumers.Win more marketing dollarswith new insight into where youstand in the market.Drive better ROIwith new insight intothe right tech partners.coming soon
    7. 7. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 7Grow revenueby controlling trackingon your website.Comply with globalprivacy regulations andprotect consumers.Evidon “Reveals The Invisible Web” to HelpYou…+
    8. 8. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.EU Partners8• 343+ million DAILY adnotices in the EU• 50+ leading brands, agencies,networks, publishers
    9. 9. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Self-Regulation9
    10. 10. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.What You Need to Do101. Audit/monitor tracking on sites2. License icon from DAA• Advertiser ($6,000/yearat aboutads.info)3. Disclose everything clearlyto consumers on sites/in ads4. Give consumers control,including opt-outUS AdChoices Program
    11. 11. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.US Self-Regulatory Enforcement Action• There have been 19 enforcement actions by BBB– Quinsteet, Veruta/MyBuys, Reedge, PredictAd, MartiniMedia, ForbesMedia, Gravity, OxaMedia, BlueCava, DataXu, Rovion, Turn, Facilitate, RocketFuel, Specific, Kia, Initiative, Microsoft, Facebook– Kia stands out• More big brands will be targeted1. Letter sent2. Name & Shame – as above3. Can pass to FTC for an enforcement action11
    12. 12. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.1. Audit/monitor tracking on sites2. License icon from EDAA• Advertiser (€5,000/yearat edaa.com/eu)3. Disclose everything clearlyto consumers on sites/in ads4. Give consumers control,including opt-out5. Self-certify your complianceWhat You Need to Do12EU AdChoices Programme
    13. 13. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.E.U. Self-Regulatory Programme (AdChoices)13• Run by European InteractiveDigital Advertising Alliance (EDAA)• For 3rd party online behavioraladvertising• Provide consumers with enhancednotice and choice, similar to USprogram• Evidon first approved icon provider
    14. 14. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.The Revised EU ePrivacy Directive14
    15. 15. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.EU ePrivacy DirectiveA LAW requiring:• Notice when collecting/using aEuropean consumers’data• The means to control howtheir data is used• For all forms of tracking, not justcookies and/or online behavioraladvertising (OBA)• Consent15
    16. 16. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Where The Law Stands• EU law ratified• Each member staterequired to passsimilar law• Data Protection Regulation– currently drafted to amuch stricter standardLaw passed (blue)16Law proposed (yellow)NorwayIcelandItalyPolandSwedenIrelandSwitzerlandCzechRepublic SlovakiaHungaryLithuaniaLatviaMoldovaBulgariaEstoniaFranceNetherlandsBosniaSlovenia CroatiaDenmarkFinlandSerbiaAlbaniaMacedoniaMontenegroCyprusPortugalBelgiumUnitedKingdomGermanyAustriaRomaniaGreeceSpainLux.
    17. 17. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Updates to legal landscape• Trend that implied consent is generally acceptablemodel– Denmark: No change in law, but in April Danishregulators issued updated guidance that an impliedapproach will suffice– Norway: The proposed new law would replace thecurrent suggested requirement of a strict opt-inapproach– Poland: Law took effect in March and impliedconsent with appropriate notice through banners is theaccepted approach17
    18. 18. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.What You Need to Do181. Audit/monitor trackingon sites2. Disclose everything clearly toconsumers on sites/in ads3. Gain consumer consent to betracked, based on standard of eachmember stateEU ePrivacy Directive
    19. 19. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.But what does “gain consumer consent”really mean?19
    20. 20. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Explicit Consent Option20
    21. 21. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.US Example
    22. 22. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Nestle.nl22
    23. 23. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Nestle Cookie Control23
    24. 24. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.P&G UK24
    25. 25. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.P&G UK25
    26. 26. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Kimberly Clark26
    27. 27. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 27Site Notice: Implied Consent Option, First VisitCookie Consent
    28. 28. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 28Implied Consent Option After Clicking onCookie Consent Icon
    29. 29. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved. 29Implied Consent Option After Clicking on CookieConsent Icon and Expanding Options
    30. 30. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Differing Standards of Consent• Even Google & Yahoo! have recently started to displaycookie consent banners• Banners & Buttons• Banner only– With tricky navigation to choices• No consent control– Just link to cookie policy• Nothing at all!!!30
    31. 31. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.In Summary• The “Cookie Law” isn’t going away• Updated Data Protection Regulations are likely to bring– Stricter guidelines– Higher standards of enforcement• Self-regulation does work– Expect enforcement in Europe• As an industry we should do what we can to make these lawsand regulations work– By showing willing, hopefully it will avoid over-involvement by thelaw makers31
    32. 32. Confidential | Draft for Discussion Purposes Only2013 Evidon, Inc. All Rights Reserved.Thank You.Damian ScraggManaging Director, EMEAdscragg@evidon.com

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