uk-netmarketing Archive (2011-2015)

A few responses to questions raised on the thread so far:

[And yes, Evidon can obviously help folks that want an audit or a consent solution. </pitch>]

On the law focussing on the storage and accessing of information:
We've talked to multiple DPAs about this point, including the ICO and most recently Gary Davis from the Irish DPA.  The intent of the Directive, as transposed into law, is to cover the use of consumer data online.  Technologies with this function, that avoid cookies (browser fingerprinting, deep packet inspection, etc.) will NOT be exempt.  Very dangerous path and everyone remembers Phorm.

On the role of the IAB:
They have been focussed on the self-regulatory program for OBA, which is not designed to make a company compliant with the directive.

On the madness of the law:
Totally agreed, but it's not going anywhere.  Further, many of the largest companies in the UK market are moving aggressively behind the scenes, and you'll see public changes on or around May.  So mass non-compliance or last minute lobbying seem very unlikely at this stage.

On what to do:
Dan Barker sent an excellent list around and I don't want to be redundant.  I'll add two points:
	- the audit is critical, because it's not only the first step to being able to list the trackers for consent, but it also BUYS YOU TIME.  If the ICO comes calling, it will allow you to argue that you have already got started with the first step the ICO recommends, even if public changes to the site have not yet been deployed.
	- be careful with the ICO-style banner consent solicitations at the top of your page.  This creates an optional consent model where >90% of audience is NON-CONSENTED.  This creates huge issues, as a) you've just lost the use of data on 90% of your audience; and b) now you have to build infrastructure to serve a different web experience for consented vs. non-consented users.  The banner alone does NOT help you do this.

--

Colin O'Malley
Chief Strategy Officer



Tel:   917.262.2524
Cell:  415.694.2239
Fax:  917.258.2257
colin at evidon.com 
http://www.evidon.com
twitter: @evidon @micshasan
facebook.com/evidoninc
Sign up for our Weekly News Dispatch: http://bit.ly/kT5ekh

This email message and any attachments are for the sole use of the intended recipients and may contain proprietary and/or confidential information which may be privileged or otherwise protected from disclosure. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not an intended recipient, please contact the sender by reply email and destroy the original message and any copies of the message as well as any attachments to the original message.

On Mar 1, 2012, at 12:35 PM, ROBIN CALLER / GOALLOVER wrote:

> Hi John
> 
> I don't have long but here are a few thoughts for you...
> The laws are focussed on storing information about the user on the user's machine without the user's permission.
> There are other ways to target machines, whereby the information about the machine is stored centrally.
> So - that solves the first issue.
> 
> Meantime, the latest draft policy from the EU about stopping companies from storing information about users and their machines centrally are about 2 years away from implementation.
> 
> It's not nuts - it's new.
> 
> Robin
> 
> 
> 
> jclarke at ic24.net wrote:
>> 
>> The EU Cookie Law gets tightened near the beginning of May and I wanted to see who else in community is looking at this and can share their thoughts and legal guidelines and solutions. 
>> 
>> How is one to get consent via tracking pixels from adverts? Re-targeting?
>> 
>> How does one deal with a person coming onto a site, saying they don't want cookies and then what happens next time they come back. Cookie them so they don't get the optin box? It's NUTS!
>> 
>> I find that the more clients who ask and get their lawyers involved the more questions it raises and I can't just say 'Forget it' or 'Don't worry about it' , honestly I think it's madness yet how are we to deal with it and all the variances people seem to come up with?
>> 
>> I really think this is the one and only time the IAB needs to stand up and be counted and give all website publishers, owners, sales bodies etc in the UK a definitive document on how to deal with this ill thought of law.
>> 
>> Please don't ignore this post, it could be the most important one you get all year. 
>> 
>> Please add your solutions here and those digital lawyers here can you give any clarity? IAB members too, please pitch in.
>> 
>> Kind regards
>> 
>> Jon Clarke
>> 
>> Head of Digital
>> 
>> Space & Time Media
>> 
>>   
>>   
>> 
>> ~~ Chinwag Jobs: Find your perfect new job or next team member ~~
>> 
>> Chinwag Jobs is the leading specialist recruitment website for digital
>> roles in the UK. Used by major companies such as BBC, Electronic
>> Arts, Kingston University as well as the majority of recruitment
>> agencies who place staff in the sector.
>> 
>> Take a look through our listings or register to advertise your
>> own vacancies today.
>> 
>>   
>>>> CHINWAG JOBS: http://jobs.chinwag.com
>>>>       
>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>> You're subscribed to uk-netmarketing to change your options or
>> unsubscribe: https://mm.chinwag.com/options/uk-netmarketing
>> 
>> uk-netmarketing discussion list is powered by http://chinwag.com
> 
> -- 
> For our latest news, follow us here:
> Twitter: @goallover
> Facebook Search: goallover
> 
> Robin Caller
> Goallover Limited
> 6 Owen Street
> London EC1V 7JX
> robin at goallover.com
> +44 207 84 30 130 (office)
> +44 207 27 86 570 (fax)
> +44 777 47 47 133 (cell)
> 
> DISCLAIMER: This email is from Goallover Limited (GAO) or one of its associate companies. The information in this email and any files transmitted with it are confidential and may be legally privileged. It is intended solely for the stated addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this email in error please notify robin at goallover.com. If you are unhappy with the quality of the contents of this e-mail please forward it with your comments to robin at goallover.com so that we may take corrective action. Views or opinions expressed by an individual within this email may not necessarily reflect the views of GAO or one of its 
> associated companies. Virus Warning: although this email and any attachment are believed to be free from viruses, it is the responsibility of the recipient to ensure that they are virus free. No responsibility is accepted by GAO for any loss or damage arising in any way from their receipt, opening or use.
> ~~ Chinwag Jobs: Find your perfect new job or next team member ~~
> 
> Chinwag Jobs is the leading specialist recruitment website for digital
> roles in the UK. Used by major companies such as BBC, Electronic
> Arts, Kingston University as well as the majority of recruitment
> agencies who place staff in the sector.
> 
> Take a look through our listings or register to advertise your
> own vacancies today.
> 
>>> CHINWAG JOBS: http://jobs.chinwag.com
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> You're subscribed to uk-netmarketing to change your options or
> unsubscribe: https://mm.chinwag.com/options/uk-netmarketing
> 
> uk-netmarketing discussion list is powered by http://chinwag.com

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mm.chinwag.com/pipermail/uk-netmarketing/attachments/20120302/3b313d59/attachment-0001.htm 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 4110 bytes
Desc: not available
Url : http://mm.chinwag.com/pipermail/uk-netmarketing/attachments/20120302/3b313d59/attachment-0001.png