The EU ePrivacy Directive - Navigating the UK Cookie Law

Silverpop Webinar:

The EU Privacy Directive

Tracking and Analysing the 'Cookie Law' Changes + Best Practice Recommendations on How To Become Compliant Without Sabotaging Your Online Marketing!

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

What is the EU ePrivacy Directive? What Does

it Mean for Marketers?

How Can Marketers Work Towards Compliance?

Q&A Session

Please type your questions into the box above at any time during the webinar…

Meet 2 experts who promise us they have read the directive…

Andrew McClelland, Director of Operations at IMRG

Richard Austin,eStrategy Consultant, Silverpop

EU Direc tives are EU-wide laws pro posed by the Euro pean Com mis sion

and enacted jointly by the Euro pean Coun cil and the Par lia ment.

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!

Once trans posed, the lan guage is inter preted and enforced by the enforce ment author i ties of each Mem ber State – in the UK

this is the Information Commissioners Office (ICO).

This webinar looks at the guidance published by the ICO and gives our interpretation on

emerging recommended practice for marketers aiming at

a UK audience…

The new requirement is essentially that cookies can only be placed on machines where the user or subscriber has given their consent.

The new requirement is essentially that cookies can only be placed on machines where the user or subscriber has given their consent.

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 user of 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.

“(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.

So How Can Marketers Gain Consent?- Surely browser settings have it covered?

So How Can Marketers Gain Consent?- Surely browser settings have it covered?

“(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application 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.

So How Can Marketers Gain Consent?- So we just update our terms and conditions?

OK, are there any exceptions?

(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 over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.

Effective Implementation

So what should I actually do now?

1. Audit all of your web estate

2. Understand what cookies are being served and their level of intrusiveness

3. Develop mechanisms for gaining consent

Let’s get a little more technical…

-Here are 3 suggested steps to help you on your way to compliance…

1. Audit all of your web estate

Find out what cookies are being served on your sites…

Consider using an automated auditing tool such as: http://imrg.cookiereports.com/

2. Understand what cookies are being served and their level of intrusiveness

Remembering that the Directive states that users should be provided with “clear and comprehensive information”

2. Understand what cookies are being served and their level of intrusiveness

http://www.bbc.co.uk/privacy/bbc-cookies-policy.shtml

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.

3. Develop mechanisms for obtaining consent

Let’s take a look at some examples…

http://www.ico.gov.uk

http://www.allthingsd.com - Owned by Dow Jones, published of the Wall Street Journal

http://www.cifas.org.uk

3. Silverpop mechanisms for gaining consent

Customise the content Copy & paste the code into your website

3. Silverpop mechanisms for gaining consent

We’ve listed Silverpop cookies – so your 3rd party cookies and made this available to all customers via the Support Portal.

You can easily copy and paste the information into your Privacy Policy.

3. Silverpop mechanisms for gaining consent

You can then easily copy and paste the information into your Privacy Policy.

The Regulations and Email

“The Regulations apply to cookies and also to similar technologies for storing information. This could include, for example, Local Shared Objects.”

“A cookie is a small file, typically of letters and numbers, downloaded on to a device when the user accesses certain websites. Cookies allow a website to recognise a user’s device.”

Source “guidance_on_the_new_cookies_regulations - ICO 2012.PDF”

Recommended Practice – a Recap

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

About Silverpop

• Email marketing and B2B marketing automation software

• 1,500+ customers

• Across 38 countries

• 425 employees

• UK headquarters since 2005

Questions & Answers

• Resource Centreat silverpop.com– White papers– Webinars– Blogs– Case studies– Newsletters

• Presentations on SlideShare– www.slideshare.net/Silverpop

*New e-Privacy Tip Sheet*

Thank you for your time!

@Silverpop @IMRGupdate