solved the european e privacy directive and performance marketing - kevin edwards affiliate window

Privacy and Compliance

Solved: The European ePrivacy Directive & Performance Marketing

June 2012

Some background...

Privacy policies...

...tend to be legally impenetrable

...tend to be tucked away at the foot of the page

...tend to be almost entirely unreadWho is clear what permissions we’re giving to companies?

The Privacy & Electronic Communications (EC Directive)

Regulations 2003

• 2003 Regulations implemented a European Directive dealing with privacy in the digital age

• In 2009 this was changed. Article 5(3) was amended to say websites were required to get“consent for storage or access to information stored on a subscriber or user’s terminal equipment”... in other words... CONSENT

Deeply flawed legislation?

• At its heart is a decent concept: protect and educate consumers

• The problem we have is how we do that without damaging out businesses

• Other EU countries are still struggling with legislating and implementing

• There is no definitive guide how to be compliant• The law was primarily aimed at behaviourally

targeted ads and spyware/adware

What’s changed?

Exemption: Strictly NecessaryExemption: Strictly Necessary

What does consent mean?

Consent goes straight to the heart of the issue...

PRIORPRIOR

INFORMEDINFORMED

IMPLIEDIMPLIED

Impractical: consider information made available after cookie drops & persistency

Practical: a key focus is on empowering consumers with cookie information

Ultimate goal: consumers confident to know how they’re tracked. May already

be sufficient for some publishers

What are our responsibilities?

What have other countries done?

What have other countries done?

The AMC

• The Five Point Plan (the approach of the IAB’s Affiliate Marketing Council in addressing the Directive)

• The Consumer Transparency Framework (a guide for publishers to aid compliance)

• Online Performance Marketing, Cookies and You site (a consumer facing guide to AM)

What have we done?

What about technical solutions?

Affiliate Window ePrivacy plug-inAffiliate Window ePrivacy plug-in

Further reading...

• Everything you need to know about the Directive is contained in our guide

• The revised ICO guidance from Friday 25th May contains much more detail on ‘Implied Consent’

• Sign up to the Affiliate Window Strategy newsletter: strategy@affiliatewindow.com