This working group was formed as a response to the forthcoming Eprivacy Directive. The purpose of the working group is to advocate for maintaining an “opt-out” cookie regime as this is in the best interests of all digital usage from both a consumer and business perspective. IAB Europe’s Public Affairs team is assisting IAB Ireland and similar working groups across national IABs thereby facilitating a pan European approach.
Chair: Suzanne McElligott
Members:
Eamonn Fallon, Distilled Media
Emma Ashcroft, Yahoo!
Eileen Ruddy, Independent Digital
John Patten, Digitize
Sue Dukes, Google
Warren Cray, Trader Media Group
ePrivacy Update
IAB’s ePrivacy Working Group has had a series of very productive consultations with the Data Protection Commission following the implementation of the ePrivacy regulations on July 1st, 2011.
The DPC guidance issued in respect of cookie usage has been minimalist in the first instance in order to facilitate the DPC adding to the guidance over time. The DPC is taking a pragmatic approach re implementation of the regulations. The DPC has stressed that they are in a learning phase and that dialogue with industry is very helpful in this respect.
However there is no grace period, if complaints are made re cookie usage the DPC will investigate them. The DPC anticipates making conclusions from sectoral complaint handling and developing policy based on a sectoral approach so that no one company is disadvantaged relative to their competitors as a result of a complaint made against them.
As stated in the DPC guidance, cookies used for essential user actions, such as filling online shopping baskets, do not require consent but should not last more than 1 session.
Analytic Cookies
Regarding the use of cookies for ‘operational’ tools, such as on-site analytics, the DPC considers that a clear link from the homepage, with supporting information, to an opt-out page with details of what data is collected, why, and for how long, could be considered as advance consent for the purpose of the regulations but this would only apply to certain uses of cookies.
The DPC is careful to stress that this is just a preliminary view and that time is required for the DPC to learn more about what data is collected by analytic cookies and when the data is used before giving a definite view. IAB members are supplying more information to the DPC on how these cookies function.
OBA (Online Behavioural Advertising) Cookies
The DPC has welcomed the IAB OBA Framework’s provision of enhanced notice, its commitment to education and promotion re cookie usage for OBA. The DPC recognises that these are steps towards compliance with Article 5.3 of the ePrivacy regulations. In terms of full compliance in respect of OAB cookies, enhanced browser settings coupled with the IAB OBA framework could present a total solution. IAB is providing ongoing updates to the DPC re the implementation of the IAB OBA Framework in the Irish market and across Europe.
Should companies have further questions in respect of cookie usage that are not answered by the information contained above the DPC is happy for companies to contact the DPC directly: http://www.dataprotection.ie/docs/Contacting_Us/11.htm
Regular updates on ePrivacy, wil be provided on this page do check for new information.
New regulations in respect of cookie usage :
Data Protection Commissioner Press Release in respect of new ePrivacy Regulations
Guidance issued from the Data Protection Commissioner re new ePrivacy Regulations.
IAB Ireland Position Paper on the ePrivacy Directive
IAB Europe Press Release: Europe’s Online Advertising Industry Releases Self-Regulation Framework
