my slideshow as speaker on cookie law, online marketing and newsletters, and seo and social media marketing techniques, discipline in light of the new privacy regulation,
1. COOKIE LAW (GDPR)
ONLINE MARKETING &
NEWSLETTERNEWSLETTER
By Raffaella Aghemo, Lawyer
(All Right Reserved)
Raffaella Aghemo
2. RECITAL 30 GDPR
Natural persons may be
associated with online
identifiers provided by their
devices, applications, tools anddevices, applications, tools and
protocols, such as internet
protocol addresses, cookie
identifiers or other identifiers
such as radio frequency
identification tags.
This may leave traces which, in
particular when combined
with unique identifiers andwith unique identifiers and
other information received by
the servers, may be used to
create profiles of the natural
persons and identify them.
Raffaella Aghemo
3. WHO IS LOU MONTULLI
Programmer and
developer, founder in
1994 of Netscape1994 of Netscape
Communication, is
responsible for many
web inventions, such as
the creation of
COOKIES, TAGs, push
servers (eg: messagingservers (eg: messaging
notifications).
Raffaella Aghemo
4. It will have happened to all of us hundreds of times, to look
for an object on the internet, and then, surfing on socialfor an object on the internet, and then, surfing on social
networks, to be literally "bombarded" by advertising on that
type of article. This is the so-called "PROFILATION": the
exploitation, by marketing, of the user's interests, of his
profile type (TARGET), in order to send offers and targeted
commercial communications.
Raffaella Aghemo
5. PROFILATION O DIGITAL FOOTPRINT
all that:
o allows you to process and
analyze personal data,
o to predict behavior and decide on
it.
The term digital footprint, is commonly used to
indicate the traces of data that are dispersed in the
network as a result of certain interactions withinnetwork as a result of certain interactions within
the digital environment, which provide information
about the different interactions that a subject can
perform in a digital context.
Raffaella Aghemo
6. WHAT ARE THE COOKIES?
These are identification tokens, which are used by web
applications, server-side, to retrieve client-side
information. They are, therefore, files in which
information relating to users' navigation and preferencesinformation relating to users' navigation and preferences
is stored.
Each cookie has
an ID or
fingerprint,
an imprint foran imprint for
which it is
possible to
recognize the
visitor
Raffaella Aghemo
7. DATA DESIGN
EX articles 13
and 14 of the
GDPR (the data
collection of the
person
concerned), it
becomesbecomes
important to pay
attention to the
so-called data
design or
graphic
solutions to
request consent
in simple, clear,in simple, clear,
concise,
transparent and
easily accessible
terms
Raffaella Aghemo
8. DARK PATTERN
Dialectical tracings used, especially in UX
design, to make cookies accepted the first time
you access the site, giving the illusion to theyou access the site, giving the illusion to the
user to obtain advantages, if you allow the use
of your data.
Raffaella Aghemo
9. PROS
Improve the navigability of a site and theImprove the navigability of a site and the
user experience on the web, in terms of
speed and performance
CONS
By monitoring user activity, they violate the
user's privacy, using their profiling for
marketing purposes
Raffaella Aghemo
10. TYPES OF COOKIES
There are different types of cookies:
Session cookie
TERM
DOMAIN
Session cookie
Permanent
cookie
First part
DOMAIN First part
cookie
Third part
Cookie
Raffaella Aghemo
11. CLASSES OF COOKIES
Technical Cookies
Preferred CookiesPreferred Cookies
Session cookies
Load balancing cookies
Profiling cookies
Retargeting cookies
Cookie social
slide 1
slide 2
Cookie social
Statistical Cookies slide 3
Raffaella Aghemo
14. SLIDE 3
Need consent
only if from a
third partythird party
(with
exceptions *)
*Statistics cookies managed directly by the owner, e.g. through
software such as Piwik. There has also been an opening by the
Supervisor - altough unofficial - to consider third-party
statistical cookies (e.g. Google Analytics) as exempt from the
consent requirement, but only if the data is ANONIMIZED before
being saved by the third-party service.
Raffaella Aghemo
15. SITUATION 3 MONTHS AFTER GDPR
There was a decrease of 22%, of
which 13% was accounted for by
advertising cookies, and 9% by
social cookies. The latter figure issocial cookies. The latter figure is
visible with the disappearance, on
many websites, of around 7% of
Facebook and Twitter sharing
buttons.
In Italy, there has been a greater
drop than the European average,
i.e. 32% of users: it has been
noted, however, that these cutsnoted, however, that these cuts
have penalized the lesser known
service providers, but have not
affected the giants, such as Big G,
Amazon and Facebook!
Raffaella Aghemo
16. DEFAULT INERTIA
Most web browsers support cookies, but users
can set their browser to reject or delete them.
But statistics show that people rarely changeBut statistics show that people rarely change
the default settings, resulting in a phenomenon
called "DEFAULT INERTIA".
Raffaella Aghemo
17. EU COURT OF JUSTICE AND PLANET49 - CASE C-
673/17 OF 21/03/2019 (ADVOCATE GENERAL
MACIEJ SZPUNAR)
CONCLUSIONS OF THE ADVOCATE GENERAL
MACIEJ SZPUNAR
submitted on 21 March 2019
Case C-673/17
Planet49 GmbH
against
Bundesverband der Verbraucherzentralen und Verbraucherverbände -
Verbraucherzentrale Bundesverband e.V.
(Reference for a preliminary ruling from the Bundesgerichtshof (Federal(Reference for a preliminary ruling from the Bundesgerichtshof (Federal
Court of Justice, Germany))
"(Reference for a preliminary ruling - Directive 95/46/EC - Directive
2002/58/EC - Regulation (EU) No 2016/679 - Processing of personal data
and protection of privacy in the electronic communications sector - Cookies
- Concept of consent of the data subject - Declaration of consent by means
of a pre-selected checkbox)
Raffaella Aghemo
18. In order to participate in a prize game organized
by Planet49, an Internet user was faced with twoby Planet49, an Internet user was faced with two
checkboxes to select or deselect before he could
press the "participate button". One of the
checkboxes required the user to agree to be
contacted by a number of companies to receive
promotional offers, while another box required
the user's consent to the installation of cookies onthe user's consent to the installation of cookies on
their computer.
Raffaella Aghemo
19. CONCLUSIONS OF SZPUNAR
A pre-selected checkbox used for the expression
of consent inhibits the freedom of consent and
renders it invalid under both the GDPR andrenders it invalid under both the GDPR and
ePrivacy disciplines.
The consent for cookies requested at the same
time as other purposes (e.g. for the
communication of data to third parties for
advertising purposes), violates the requirement
of specificity, inhibits the free and consciousof specificity, inhibits the free and conscious
determination of the person concerned (ex art. 4
point 11 expression of free, specific, informed and
unequivocal will), so it is equally invalid.
Raffaella Aghemo
20. EU COURT OF JUSTICE AND EU CASE C-
40/2017 (FASHION ID)
Can the operator of a website, which inserts a third
party plugin such as the Facebook like button or the
follow button of twitter, be considered to befollow button of twitter, be considered to be
responsible for any processing carried out by the
same?
According to the Advocate General, who delivered his
Opinion on 19 December 2018 in the case pendingOpinion on 19 December 2018 in the case pending
before the Court of Justice, this operator is a joint
operator of the processing under EU Reg. 2016/679,
GDPR (Article 26(1) of GDPR allows the joint holders
of the processing to '... determine (...) their respective
responsibilities with regard to compliance with the
obligations').
Raffaella Aghemo
21. ONLINE MARKETING
Ex recital 47 of the GDPR 'it may be considered
a legitimate interest to process personal data
for direct marketing purposes'.for direct marketing purposes'.
Raffaella Aghemo
22. There are three main types of Digital Advertising:
Pay Per Click search ads, also known as PPC (AdWords
search network ads, Bing ads and Search7 ads)
DIGITAL ADVERTISING vs DIGITAL MARKETING(1)
search network ads, Bing ads and Search7 ads)
Display ads (banners, static, video, furniture, popups,
etc.).
Social advertising (Facebook, Twitter, YouTube,
Instagram, etc.).
Raffaella Aghemo
23. Digital Marketing is different: it is the process of
putting the product in the right place at the right price
at the right time. There are six different types of
DIGITAL ADVERTISING vs DIGITAL MARKETING(2)
at the right time. There are six different types of
digital marketing:
1. SEO
2. SMM
3. Content marketing
PRODUCT PRICE
4. email marketing
5. Online advertising
6. PR online
(buzz marketing)
PLACE PROMOTION
Raffaella Aghemo
24. DIGITAL ADVERTISING vs DIGITAL MARKETING(3)
is an activity
is tactical
creates brand
awareness
is a process
is strategy
develop the brand
Raffaella Aghemo
25. CRM?
CRM (Customer Relationship Management) is
used to track the interactions (tracking of online
visitors, bots with automated activation) that take
place between a company and potential customers
(called leads), mapping each phase of the(called leads), mapping each phase of the
negotiation (first contact, quote, site visit, phone
call) until the end
verifying who
can access the
data processed
in thein the
performance of
marketing
activities
Raffaella Aghemo
26. GOOGLE AND COMPLAINT IN IRELAND FOR RTB
RTB= Real Time Bidding, Google's practice, in
online advertising, to transfer users' browsing
data to a third party company for "bid requests",
sent to hundreds of other companies, to facilitatesent to hundreds of other companies, to facilitate
targeted offers from potential advertisers.
NB: ComCastNB: ComCast
Blockgraph on
blc
Raffaella Aghemo
28. GOOGLE VS COOKIES
According to the Wall Street Journal, the most
important division of Alphabet, is preparing an anti-
cookies "dashboard" for Chrome, to beat the
competition on ads, Facebook and to show
benevolence towards its users!
Apple has also blocked default tracking cookies inApple has also blocked default tracking cookies in
Safari since 2017.
Raffaella Aghemo
29. APPLE NEWS ON SAFARI
To preserve the privacy of its users and not to harm
digital marketing, Apple has developed Safari (where
there was cross-site tracking blocking), the Privacy
Preserving Ad Click Attribution, which acts on 4 levelsPreserving Ad Click Attribution, which acts on 4 levels
of security:
User identification code (many numbers halved)
Banners only with tracking and excluding third parties
Sending data to third parties after two days
User data less visible to digital marketers
Replacement of the old Do-Not-Track technology starts
Raffaella Aghemo
30. PRIVACY BY DEFAULT ON FIREFOX
To improve transparency and protection of online
privacy, the new version of the Firefox browser
has introduced some very useful features,has introduced some very useful features,
including Enhanced Tracking Protection,
which effectively blocks third-party tracking
cookies, included in the "Disconnect" list, which
allows the user to target advertisements with
"tailored pricing" through "Dynamic Pricing".
Here there is no need to become cunning
internauts, as protection is by default
Raffaella Aghemo
31. GOOGLE AND PRIVACY BETWEEN BRAND AND AGENCIES
Google has developed technology that allows
agencies and brands that collaborate on
advertising campaigns to share sensitive data
without revealing information about individual
targeted customers. This open source protocol,targeted customers. This open source protocol,
called Private Join and Compute, aims to increase
trust between operators while ensuring data
integrity.
The only data revealed to the company and agency
are therefore, for example, the total number of
people who have bought, the total value and the
total revenue from the purchase.
Raffaella Aghemo
32. GOOGLE & PRIVACY
Google changes its policy on user data, giving users
more control over which advertisements to view
and where, if they so wish.
Users have the ability to have total control over theUsers have the ability to have total control over the
information collected through
myactivity.google.com, and thus actively
participate in this customization process. The
choice to focus on an Opt-in function for data
control (unlike Facebook, for example, which offers
similar tools to its users, but in opt-out mode), can
be read as an attempt by Google to respond to
criticism of its privacy practices, and, through ancriticism of its privacy practices, and, through an
operation of transparency, also to the growing
phenomenon of ad blockers.
Raffaella Aghemo
33. “SIGN IN WITH APPLE”
"Sign In With Apple" protects privacy and
challenge
Google - Facebook.
In practice it will enable access to apps or
services developed by third parties as anservices developed by third parties as an
alternative to the now widespread login and
password via Facebook or Google. This should
reduce the risk of sharing personal data, such
as email and more. This is because Apple has
promised to provide an encrypted random
email for each access - which will not identify
the user. And this will apply on every device
(Mac, iPhone, iPad, Watch) and online.
iOS 13 will introduce the optional "only once"
location data sharing feature, as well as the
current "always", "never" and "when the app is
in use.
Raffaella Aghemo
34. AND AMAZON?
Amazon faces three new critical points, as explained
by Giovanni Pitruzzella, former guarantor of market
competition in Italy from 2011 to 2018.
"First of all, there are risks of abuse of a dominant"First of all, there are risks of abuse of a dominant
position, for which, for example, the Italian
authority opened an investigation into Amazon a few
weeks ago," he told Corriere.
"Then there is the issue of data use, both in terms of
competition and privacy.
"And finally, there is that of contractual clauses, in
the face of which consumers could find themselves in
a state of impotence".
the face of which consumers could find themselves in
a state of impotence".
In addition, the house in Seattle has been accused in
the US of violating children's privacy with Echo Dot
Kids smart speakers.
Raffaella Aghemo
35. MACHINE LEARNING ONTWITTER
ANTI FAKE NEWS
Twitter has detected FABULA AI, London anti
fake news startup that through advanced machine
learning algorithms, activates a tracking of the
topics to be monitored, and, in case, intervenes to
prevent the spread of fake news.prevent the spread of fake news.
Raffaella Aghemo
36. NEWSLETTER - SPAMMING
The use of an e-mail address constitutes
processing of personal data, for which an
appropriate legal basis must be in place. Such
communications are permitted only with thecommunications are permitted only with the
prior consent of the contractor or user (so-called
opt-in).
Raffaella Aghemo
37. OPT-IN
The term opt-in (PERMISSION MARKETING) is
an abbreviation of option-in. It is the advertising
and commercial communication sent only to
those who have previously expressed theirthose who have previously expressed their
consent to receive it, unlike spam communication
which, on the contrary, is sent to recipients
without any prior consent
Raffaella Aghemo
38. INFORMATION FOR INTERESTED PARTIES EX ART. 13 GDPR
When collecting personal data and therefore when
subscribing to the newsletter, the person concerned
must be informed:
•data retention period
•right of access, rectification,
objection, cancellation or
restriction of processing and
portability of data;
•right of revocation;
•the right of complaint;
•the existence of an automated
•Identity holder treatment;
•contact resp. treatment;
•purpose of data processing;
•recipients of personal data;
•intention to transfer personal
data to a third country
•the existence of an automated
decision-making process.if the disclosure of personal
data is a legal or
contractual obligation (*
art. 7 c. 4 GDPR)
Raffaella Aghemo
39. COURT OF CASSATION, CIVIL SECTION I, SENTENCE 11 MAY
- 2 JULY 2018, NO. 17278
No to the use of personal data, indicated by the
interested party for the subscription to theinterested party for the subscription to the
newsletter, for the sending of advertising
messages by third parties, without the interested
party having expressed the will to receive them
Enhanced" consent of personal data
compared to general negotiated consent
Raffaella Aghemo
40. CONCLUSIONS
Antonello Soro from "La Voce”.
1. Rules are needed to show the 'central' person in
relation to the data.
2. Ignorant users are transferring data fragments to2. Ignorant users are transferring data fragments to
increasingly powerful platforms.
3. The algorithm increasingly denies information
pluralism and forces us into self-referential bubbles.
4. The ethics of doubt disappears.
5. Everything is now polarization and antagonism, and
everything is traced back to a discriminatory profile ofeverything is traced back to a discriminatory profile of
the interested parties.
6. Strengthening rights, also through data portability and
oblivion.
7. Data protection is one of the most valuable resources
we have.
Raffaella Aghemo
41. "Tell me and I'll forget,
teach me and I might remember,
THANK YOU
teach me and I might remember,
involve me and I will learn."
THANK YOU
Raffaella Aghemo, LAWYER
(All Right Reserved)
Raffaella Aghemo
