Cookie law (GDPR) online marketiing newsletter
- 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
- 12. SLIDE 1 No need consent 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 Verbraucherverb?nde - 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
- 27. RTB= REAL TIME BIDDING 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