The ePrivacy Directive – A Closer Look — Omniture EMEA Summit 2011

MeMe Rasmussen, VP Associate General Counsel, Adobe (right) &  Karin Retzer, Of Counsel, Morrison & Foerster (left) 

eprivacy-discussion-omniture-summit-london. Photo: Bergholt.

Legal liabilities likely (but not clear) imposed on website publishers, as well as analytics and marketing network providers.

The UK position

– Pragmatic, business friendly approach
– Will not do anything to jeopardize the web
– Transpositionw ill allow for different ways of obtaining informed consens
– “Prior” consent will not be mandated — consent can be obtained prioer, after, or during the setting of cookies
– Providing relevant, honest, easy to find information about cookies is most important
– Do not anticipate enforcement action right away — wil give technology solutions a chance to develop
– UK is working with browsers and upports the OBA framework 

MeMe Rasmussen, VP Associate General Counsel, Omniture/Adobe. Photo: Bergholt.

General recommendations
McDonald’s test

- Types of cookies set
- Purpose description
- With whom data are shared
- How to manage cookines
- Prominent placement ofp rivacy policy
- Include link to opt-out page
- Consider notice outside the privacy policy: Pop-up; Text in header/footer; Notice when users log-in or agree on certain features or settings: Help menu

- Stonger emhpasis on consent: Directective does not refer to any specific type of consent.
- Member States may allow for implied consent
- Some Member Staes may allow for consent via browser settings
- Where possible, obtain opt-in consent; where not, provide prominent opt-out consent.

- Monitor browser activities

- Do Not Track — can you recognize and respect the browser header?

Mere her: Omniture 2011.

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