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  • June 2, 2015 came into force the Cookie Law: analyze some technical details

The June 2, 2015 came into force the cookie law. We analyze some aspects for those who have encountered difficulties in the practical implementation of the provisions of law. Let's start with stress that this legislation concerns all sites and the failure to adjust involves the risk of high penalties.

Once the user arrives for the first time on a page of the website he will have to see clearly a banner that will be of appropriate size that is large enough to provide a noticeable discontinuity through the contents of the Web page you are visiting. This banner must contain a brief statement and will have to also be a link to a page with the full information about privacy and consent request to the installation of "profiling" cookies. Only technical cookies can be installed without prior consent from the user.

About technical cookies it is necessary make a specification for Google Analytics. As pointed out by the Privacy Authority, the Analytics cookies are similar to technical cookies only when they are used directly by the site operator to collect information, in aggregate, the number of users and how they visit the site. In all other cases are profiling cookies.

Cookies are used to create user profiles and are used in order to send advertising messages in line with the preferences shown by the same within the surfing internet. Given the considerable invasivity that such devices may have in the private sphere of the users, the European and Italian legislation requires the user to be properly informed on the use of the cookie and express their valid consent. To be remembered that websites that use profiling cookies must notify to the Privacy Authority.

If analytical cookies are made available by third parties, the owners are not subject to obligations (notification to the Privacy Authority in primis) if:

A) they are adopted instruments that reduce the identifying power of the cookie (for example, through the masking of significant portions of the IP);

B) the third party agrees not to cross the information contained in cookies with other than it already has.

As clarification guarantor in this article

So technical cookies, including analytics when the data is anonymized, can also be installed without the user's consent, while profiling cookie, before being installed, must receive the consent from the user.

The main discriminant to define the difference between these two elements is the IP address, for example analytics, which by default includes the IP address tracking, to be considered a technical cookie must be set with the anonymized 'user IP address of who is browsing the site.

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