Online marketing and advertising - Cookies and trackers
Intro
Understand the scope, goals and evolution of E-privacy legislation
Be aware of direct Marketing provisions and how to incorporate them into IT products and services
Familiarize with tracking and ad technologies and related provisions
Understand the requirements for cookies and relevant technologies consent mechanisms
1. E-privacy Directive (2002/58/ΕC) and Law 3471/2006
Key Messages
E-Privacy assures the same level of protection of personal data and privacy for all users of communications services available to the public, regardless of the technologies
Legislation constantly amended to respond to technology changes
E-Privacy Regulation will replace E-Privacy Directive
2. Direct marketing
Key Messages
Phone marketing (non-automatic): Opt-out via telco providers “opt-out” registers
Marketing via Electronic messages (email, SMS, and messaged in messaging platforms: Opt-in unless data obtained in the context of the sale of a product or service, and not opt-out at the collection
Opportunity to unsubscribe in every electronic message
Keep register of opt in/opt out user preferences
Avoid dark patterns in user preferences collection
3. Tracking and targeted advertisement
Key Messages
Tracking is widespread, behavioral ads ecosystem is quite complicated
Article 5(3) of EPrivacy, Article 4(5) of law 3471/2006 applies
Device fingerprinting is a tracking technique which also falls under Article 5(3) of EPrivacy, Article 4(5) of law 3471/2006
4. Cookies – requirements – examples
Key Messages
Study and categorize the kind of cookies used with regards to purpose
Cases of cookies not requiring consent are very limited
Develop/Use an appropriate consent collection mechanism
Avoid “cookie walls”
Provide Information for all cookies
Collect different consents for different purposes
Consent through an active behavior with clear information and ease to withdraw consent
Ensure same number of actions foe users to accept/reject cookies