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Iab information texts


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Iab information texts

  1. 1. Branch-wideinformation textsPractical tools so that your organisation can comply with the legalinformation obligation in accordance with the Cookie Provision inthe Dutch Telecommunication Act as well (art. 11.7a DTA)
  2. 2. Table of contents1. Introduction 32. Support: uniform information texts 33. Branch-wide use 34. Model of the information texts 35. Use of the information texts by your organisation 56. Consent requirement under own responsibility 67. On the authors 68. Application information texts 7APPENDIX 1 FAQ 8APPENDIX 2 Work Instruction Cookie Information Texts 10
  3. 3. 1. IntroductionLast 5 June the amended Dutch Telecommunication Act including the ‘CookieProvision’ came into effect. What did the Cookie Provision encompass again?In short, according to the Cookie Provision (Art. 11.7a Dutch Telecommunication Act),website owners must clearly and fully inform their visitors on the use of cookies,including for which purposes cookies are being used. Apart from the informationobligation, for the placing of cookies consent will have to be obtained from thewebsite visitor, unless a legal exception applies for this.The new legislation creates a lot of (legal) uncertainty and new challenges for themembers of the IAB. In order to help the online branch to be compliant, IAB hasimmediately after the introduction of the legislation published the Cookie ComplianceGuide. After the Cookie Compliance Guide, IAB now publishes a Guide with whichthe information obligation can be complied with. The Guide provides practical toolsfor a transparent internet, and is freely available for everyone. IAB believes thatuniformity contributes to transparency and acceptance.2. Support: uniform information textsIn order to be able to comply in a uniform and understandable manner with one ofthe legal obligations of the Cookie Provision, namely the information obligation,since last 5 June a number of large internet operators and the Security & PrivacyTeam of Deloitte have intensely collaborated under the supervision of IABNederland in the formulation of standard information texts. These texts materialisedin close consultations with supervisor OPTA. During the materialisation, OPTA haslooked on and provided its recommendations with regard to the contents.IAB The Netherlands would like to thank OPTA for the constructive manner ofcollaboration at the materialisation of these information texts.3. Branch-wide useThe more websites will use these texts, the broader the uniform message of these textswill be introduced and the more recognisable things will become for the consumer.This is the reason that the parties involved in the process are happy to make theinformation texts that materialised available to the whole online branch. Internet userswill start recognising the texts and become accustomed to them, both because of theuniformity in the explanation on cookies and the use thereof, and the uniform layoutas used by parties. This also contributes to the uniform information obligation asdesired by OPTA. The information texts have therefore been formulated in such amodel that the use of these texts can be easily implemented by the wholeonline branch.1 The new Cookie Provision applies in case of the placing of or obtaining access to data onauxiliary equipment of the user. Thereby no difference is made between the nature of the data.For reasons of readability we will refer to cookies in this document, but this encompasses alltechnology that is used in order to store data in the auxiliary equipment of a user. Besidesvarious types of cookies, this therefore also concerns installed apps and/or plug-ins, informationstored in the Web Storage, screen size, OS, browser type, device fingerprinting, etc. iab. Cookie Compliance. Branch-wide information texts | 3
  4. 4. 4. Model of the information textsIn order to see to it that the information texts can also be used branch-wide byall different parties, a three-tiered pyramid model was selected, wherea cafeteria model was included in the last tier.The pyramid model consists of:1) an unequivocal pop-up bar;2) a short, general explanation ‘why cookies’;3) an explanation specific for the website.An unequivocal pop-up bar (1) and the short, general explanation ‘why cookies’ (2)are general standard texts and should be adopted unaltered by the website ownerswho want to make use of this initiative.The explanation specific for the website (3) will subsequently be formulated basedon a cafeteria model. Various informative boxes were formulated, consisting of fixedstandard boxes and selection boxes. The fixed standard boxes should be adoptedunaltered by the website owner. Furthermore, a selection should be made by thewebsite owner of those selection boxes that specifically apply to his website(s). “By communicatingTHE BOXES CONTAIN THE FOLLOWING ISSUES: in a uniform, recognisable1. GENERAL INTRODUCTION TEXT (FIXED STANDARD BOX);2. FUNCTIONAL COOKIES (SELECTION BOX); manner with3. COOKIES TO MAINTAIN STATISTICS (SELECTION BOX); consumers on the4. SOCIAL MEDIA COOKIES (SELECTION BOX);5. COOKIES IN ORDER TO BE ABLE TO DISPLAY ADVERTISEMENTS use of cookies, (SELECTION BOX); the online branch6. COOKIES FOR THE BENEFIT OF BEHAVIOUR-DEPENDENT CONTENTS shows that it OF A WEBPAGE (SELECTION BOX);7. OTHER/UNFORESEEN COOKIES (FIXED STANDARD BOX); takes the privacy8. BROWSER SETTINGS (FIXED STANDARD BOX); of the individual9. FINAL REMARKS (FIXED STANDARD BOX). seriously. We hope that theseThe selection boxes can therefore, depending on whether or not they apply for thevisitors, be displayed. In the selection boxes that do indeed apply, subsequently texts will bevarious options are included from which the website owner needs to make a adopted by theselection, for example the applicable purposes per cookie category. In Appendix 2Work Instruction, a more comprehensive user instruction on the information texts is whole market.”included, and print screens of the final result are displayed as well. Lauren van der Heijden, Director IAB The Netherlands iab. Cookie Compliance. Branch-wide information texts | 4
  5. 5. Example. The short, general statement on ‘why cookies’ iab. Cookie Compliance. Branch-wide information texts | 5
  6. 6. 5. Use of the information texts by your organisationYour organisation can start using these information texts discussed with OPTA as well, inorder to thus comply with the information obligation under the Cookie Provision, and alsoprofit from the uniformly distributed message and the recognisability. The extendedmulti-tiered explanation contributes to informing your visitors as completely andunderstandably as possible on cookies, both generally (2) and specifically (3).The idea behind this is that therewith possible uncertainty and therefore unrest withinternet users can be avoided if these uniform texts are used branch-wide. Because of theimproved knowledge on cookies and the recognition of ever returning information texts– whereby OPTA was involved as well – your visitors will be able to give their consent in amore balanced manner for the placing of cookies. The model in which the uniforminformation texts are used simplifies the inclusion thereof on your website(s) as well, espe-cially since you can also inform specifically on your website(s) based on this model. If youhave any questions on this, we are happy to refer to Appendix 1 FAQ and/or Appendix2 Work Instruction, or to the example below. You can also contact IAB The Netherlands.In order to be able to make use of the texts, you will indeed have to know which cookiecategories are placed by and via your website(s). For the mapping thereof we are happyto refer to Appendix 3 Cookie Compliance Practical Guide. A step-by-step explanation is “The Cookie Actincluded there. means enormous challenges6. Consent requirement for the online under own responsibilityApart from the information obligation, parties that place cookies branch, but– including website owners – should also obtain consent prior to the placing. challengesThe uniform information texts as they are currently formulated in collaboration withaforementioned parties do not provide for this so-called consent requirement. are there toThe texts do provide for the first part of the legal obligation under be faced.the Cookie Provision, namely a clear and complete provision of information.Based on this, consent should finally be obtained. Websites will under their own Transparencyresponsibility have to see to obtaining prior consent from the user. and uniformity will contribute to the consumer’s confidence.” Annika Sponselee, Senior Manager Security & Privacy, Deloitte Risk Services iab. Cookie Compliance. Branch-wide information texts | 6
  7. 7. 7 On the authors .The information texts were formulated by Deloitte on the assignment of IABThe Netherlands and in close collaboration with the large internet providers.OPTA was closely involved in the project.LAUREN VAN DER HEIJDENDirector IABLauren van der Heijden is Director at IAB The Netherlands and was previouslyemployed as Operational Director at Digital Out of Home market leader Librium.In this position he was responsible for the commercial and operational policy ofthe organisation. Besides he was vice-chairman of the International AdvertisingAssociation (IAA).EMAIL: INFO@IAB.NL / TEL: +31 854 010 802AUKE VAN DEN HOUT
Member of the Board IABWithin the management of IAB, Auke van den Hout is responsible for the privacyportfolio. He is co-founder of Adatus, the European market place for audiencetargeting, and Consentu, supplier of Online Privacy Solutions. Auke has over 15years’ experience in data-driven advertising in Europe.EMAIL: INFO@IAB.NL / TEL: +31 854 010 802 “Companies that take the privacyANNIKA SPONSELEE of the individualSenior Manager Deloitte seriously byAnnika Sponselee is Senior Manager at Deloitte and has over 7 years’ experience in communicatingconsulting to, among other things, media and technology companies in the field of transparently onprivacy. Previously Annika was employed as a lawyer at Baker & McKenzie in thefield of privacy legislation. As a project manager, Annika has counselled the group of cookies obtain ainternet providers at the materialisation of the texts, and has maintained the contact competitivewith OPTA during this process. advantage in theEMAIL: ASPONSELEE@DELOITTE.NL / TEL: +31 610 999 302 long term while doing so” says Auke van den Hout, Member of the Board IAB The Netherlands. iab. Cookie Compliance. Branch-wide information texts | 7
  8. 8. 8. Application information textsIf you also want to adopt the information texts on your website(s) we kindly askyou to send an e-mail to INFO@IAB.NL. You will then receive the informationtexts from us per e-mail file. You will also receive information on the way in whichthe layout can be included. The ‘Cookie Information Texts’ have been developedwith the utmost care, whereby the legal regulations from or by virtue of the DutchTelecommunication Act were observed as good as possible. Despite that, thisdocument can contain inaccuracies or deficiencies and no rights can be derivedfrom the Cookie Information Texts. Neither the IAB nor the makers ofthe Cookie Information Texts are liable for possible inaccuracies and/ordeficiencies. Since apart from this the exact meaning of these regulations alwaysdepends on the circumstances of the case which during the development of theseCookie Information Texts could not be taken into account, the use of theseCookie Information Texts is always fully at the risk of the user.The ‘Cookie Information Texts’ have been developed with the utmost care, whereby the legalregulations from or by virtue of the Dutch Telecommunication Act were observed as good aspossible. Despite that, this document can contain inaccuracies or deficiencies and no rightscan be derived from the Cookie Information Texts. Neither the IAB nor the makers of theCookie Information Texts are liable for possible inaccuracies and/or deficiencies. Since apartfrom this the exact meaning of these regulations always depends on the circumstances of thecase which during the development of these Cookie Information Texts could not be taken intoaccount, the use of these Cookie Information Texts is always fully at the risk of the user. iab. Cookie Compliance. Branch-wide information texts | 8
  9. 9. APPENDIX 1: FAQQ. What does the initiative exactly encompass?A. IAB has taken the initiative to work together with a number of arket parties on m standard information texts with which the information obligation of the new telecommunication legislation - better know as the cookie legislation – can be complied with. OPTA has looked on and provided feedback on the texts that materialised.Q. What does IAB want to achieve with this initiative?A. Both in the interest of the consumer and in the interest of the branch, IAB is an advocate of uniformity in communication towards consumers by internet providers.Q. What will visitors notice in practice when they visit websites?A. On the various websites visitors will be informed in a uniform manner on the use of cookies on that site.Q. What was the role of OPTA at the materialisation of the texts?A. OPTA has looked on and provided feedback on the texts that materialised.Q. Do websites that make use of this information materials fully comply with the Dutch Cookie Act?A. No, with the texts only the information obligation of the legislation is complied with. Websites must furthermore also ask consent for the placing of cookies.Q. May all websites make use of these texts without asking?A. Websites that want to make use of the texts can indicate this to IAB. They will then receive a tool kit with all necessary files via e-mail.Q. Why would websites have to adopt these texts, what is the ad vantage thereof?A. By using these texts they comply with the information obligation of the new legislation and transparently communicate with the user/visitor.Q. May websites apply modifications by themselves in the text?A. No, the intention is not that the texts are modified. After all, that would harm the uniformity that was pursued.Q. Can foreign websites also make use of the information material?A. Yes, the texts are available both in English and in Dutch.Q. How are visitors addressed: with the informal or formal “you”?A. The texts are available in both forms.Q. On which location on the webpage should the pop-up banner be placed?A. On top or at the bottom of the page. iab. Cookie Compliance. Branch-wide information texts | 9
  10. 10. APPENDIX 2:Work Instruction Cookie Information TextsWork Instruction Cookie Information Texts Below you can find instruction on the way in which the information texts should beused by a website manager. First we will explain how the various parts of the cookieinformation texts are related to each other; use is namely made of a pyramid modeland a cafeteria model.1. Pyramid model and cafeteria model:In consultation with the large internet providers we chose to inform the websitevisitors via a pyramid model. By means of this model, the visitor will first be shown a(1) pop-up bar, from which the visitor can click on to a (2) short, simple, and generalexplanation on ‘why cookies’. Subsequently, the visitor can click on from the short,simple explanation to the (3) more detailed information text regarding the specificwebsite. These detailed information texts are in turn construed via a cafeteriamodel. This means that the information texts are subdivided into various selectionboxes from which the website manager has to make a selection.WITH REGARD TO THE (1) POP-UP BAR THE FOLLOWING:We chose for a fixed pop-up bar in a tranquil layout that can be placed both on topand at the bottom of the website page. The way this pop-up bar should look like isshown in the example below. This website makes use of cookies. Why? Please click here for more information. CloseExample 1. Fixed box: Pop-up barWITH REGARD TO THE (2) SIMPLE, SHORT, GENERAL EXPLANATIONON THE ‘WHY’ OF COOKIES THE FOLLOWING:We chose for this fixed intermediate step in order to provide a simple, generalexplanation on the ‘why’ of cookies, because of which the average visitor (young orold, higher or lower educated) can understand better what cookies exactly are.This box is therefore not specifically focussed on your own website(s) but onwebsites that make use of cookies in general. Apart from complying with a clearinformation obligation towards everyone, this can also function in a distinguishingmanner on the market, since these parties choose to inform everyone in general oncookies, and not only specifically on the use of cookies on the own website. In theexample below you can see in which way this text can be displayedon your website. iab. Cookie Compliance. Branch-wide information texts | 10
  11. 11. THE CAFETERIA MODEL WITH REGARD TO THE (3) MORE DETAILEDINFORMATION ON THE OWN WEBSITE:As mentioned before, this part consists of various compulsory boxes and selectionboxes. For instance, there are general introductory and closing boxes that apply foreveryone. Besides boxes were created that describe (the purposes of) the varioustypes of cookies, and that can be switched on/off in as far as they apply tothe website. Per box, you will then also have to make a selection once again fromthe various purposes. These are in turn also construed via a cafeteria model again.In the example below you can see how these boxes can look like on your website.Example 2. Fixed box: Why cookies? iab. Cookie Compliance. Branch-wide information texts | 11
  12. 12. Example 3A. Selection box: website-specific explanation on cookies iab. Cookie Compliance. Branch-wide information texts | 12
  13. 13. Example 3B: Selection box: website-specific explanation on cookies iab. Cookie Compliance. Branch-wide information texts | 13
  14. 14. 2. Instructions with regard to the selection thathas to be made in the (3) detailedwebsite-specific textGENERAL• The long text (3) indicates which boxes are general (in short: those that apply for everyone and must be used unaltered) and which boxes are optional and can be selected specifically. This is always indicated at the start of the box.• At all text between <<>> you have to fill in something or make a selection between two texts, depending on your preferences as website manager. These selections in principle speak for themselves. A number of selections need explanation however, which follows directly below.• You will for instance have to indicate with regard to each cookie category what the name of the cookie is (for example: cookie 1), who has placed it, with which purpose the cookie was placed, and how long the cookie will be stored. You will also have to indicate on page 3 (cookie type ‘statistics’) whether you make use of software of a third party for the measurements or not. On page 4 (cookie type ‘social media’) you will have to indicate which type of social media cookie u are using: does the party place a cookie directly after the social media, or only at the time the visitor clicks on the social media button?• All texts in front of which there is a tick box (namely the purposes) are optional, since they depend on the website. Upon implementation on your own website(s) you must therefore tick/display the purpose(s) that apply to the respective website, and therefore switch off the purpose(s) that does/do not apply.For an inventory of the cookies that are used on/via your website,we refer to our Cookie Compliance Guide. iab. Cookie Compliance. Branch-wide information texts | 14
  15. 15. HOW LONG THE DATA IS STORED (LIFESPAN):• In this box you should indicate how long the cookies are stored. You can select the following storage terms here:o [X] minutes;o [X] days;o [X] weeks;o [X] months;o [X] years;o “Session cookie” (these are temporary cookies that are only used during the visit of your website visitor).MODIFICATIONS TO THE VERSIONIn the final box, the final remarks, it is indicated that the contents of the statementsand the cookies included may always and without prior warningbe modified. Within this framework, it is important to pay attention to two issues:• See to it that you always keep records on the date and at which time you modify a version, and always save all older versions at an easily accessible location.• By the time you ask your visitors for their consent, the following appliesforthat matter. Substantial modifications in the contents of the statement or the cookies that you use might have consequences for the consent provided if you have obtained this from a website user. After all, this means that the consent obtained is based on substantially different grounds, and therefore in principle you would have to obtain consent from your website user once again. Substantial modifications are for example concerned if you start using new cookie categories on your website that you did not use before. iab. Cookie Compliance. Branch-wide information texts | 15
  16. 16. IAB The NetherlandsPrins Hendriklaan 291075 AZ AmsterdamT: +31 85 401 08 02