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Below are excerpts from this article :
Recommendation cookies: what obligations for site managers, what advice for users?
December 16, 2013
When users browse the web or using mobile applications, different actors ( service publishers , ad networks , social networks, etc.). Analyze their navigation , their movements and habits of consultation and consumption , particularly to their offering targeted or personalized service advertisements. This tracing is made by means of different technologies , the most common today is that cookies . The regulation provides that the user must be informed and consent prior to the deposition of some cookies. Following extensive consultation with key stakeholders in the online advertising, the CNIL issued a recommendation that specifies best practices to achieve compliance. It also offers users an educational video and tips to limit their tracks when browsing . Finally, it provides a tool developed by his lab to visualize in real time the appearance of cookies.
Exceptions, the tracers (cookies or other) can not be read or posted on an Internet terminal, as it has not given his consent.
At that imposes this obligation?
The obligation of collecting the consent is required including: publishers of websites, operating system, and applications, advertising networks, social networks, publishers of audience measurement solutions.
What cookies require the prior consent of the users?
- cookies related to transactions for targeted advertising;
- cookies generated by the "share buttons of social networks" where they collect personal data without the consent of the persons concerned social networks;
- some cookies audience measurement (see exemptions below).
What cookies are exempt from consent?
What coS'ils serve specific purposes, some cookies may be placed or read without receiving the consent of people. These are cookies whose exclusive purpose is to enable or facilitate the electronic communication and cookies are strictly necessary for the provision of a service explicitly requested by the user. Are concerned, for example:
- cookies "shopping cart" for a commercial site;
- cookies "session IDs" for the duration of a session or persistent tracers limited to a few hours in some cases;
- uthentication of the user cookies;
- session cookies created by a media player;
- session cookies load balancing ("load balancing");
- Persistent cookies to customize the user interface.
How to collect the prior consent of the internet?
To allow users to express free and informed consent without slowing down their navigation, the CNIL recommends that obtaining consent of the user to intervene in two steps:
- First step: the site must have been a banner informing the user that the further navigation is agreement for the installation and reading cookies. This tag shall specify the purpose of cookies used and about the possibility to object (via a link to a dedicated page of the site). This tag should not disappear as the user has not maintained its navigation.
- Second step: the user must be informed of simple and readable way means at its disposal to accept or reject all or some cookies.
In any case, cookies can not be installed or read if the user does not continue its navigation, or clicks on the link in the header to set cookies and, where appropriate, refuse to file thereof.
An article is specific to social networks
Below are excerpts from the article:
Social plug-ins allow designers to easily add sites to their web pages functionality to facilitate the sharing of content of their site on various social platforms.
It is for this reason that user consent must be obtained prior to the deposition of cookies.
Note: cookies Guppy are exempt from consent on the site www.freeguppy.org and satellite sites: