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28628Re: EU ePrivacy Directive

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  • Matthias Bettag
    Nov 2, 2011
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      Hi Jim,

      I don't think the development team matters here. In my company we have a
      consolidated development network across several countries in four
      continents where workload is switched around, but where the developers
      sit is not of any interest for our data protection officer. The problem
      occurs when providing a website (also) for citizens of the EU.

      From a pure legal perspective (today) a cookie opt-in would be only
      mandatory for visitors from the EU (presuming that this becomes law in
      all EU countries, which is not yet everywhere decided). How this could
      be ensured when the website is owned by a US company without any legal
      entity in Europe I don't know. I cannot image access to such websites
      from the EU would be blocked.

      Global browser settings are not sufficient, unfortunately. At least not
      the current settings. As all EU regulations have to be tranformed to
      country law, there is some room for interpretation. It is possible (but
      imho unlikely) that a global browser setting would be seen as legal
      compliant. What is needed from a privacy perspective is a transparent
      (not easy) and easy-to-understand (really hard) explanation which allows
      a user to really take a choice. By now, most poeple -including a bunch
      of decision makers- do not even know what is the difference between 1st
      and 3rd party cookies. *sigh*

      btw, session cookies are out of the discussion. And yes, I would not
      expect a vast majority of users to allow 3rd party cookies. But let's
      see - my opinion on many TV shows is also not at all reflected by the
      viewing rates... (I still don't change my mind. Never ever ;-)

      My assumption IF the cookie opt-in would become mandatory (AND
      violations would be prosecuted) is NOT that that this is the end of WA
      as we know it. But some vendors and especially ad-networks would be in
      trouble. There would still be a huge demand to optimize and to
      understand the user, to segment and to aim the right target audience.
      This may result in a stronger focus on an initial online strategy if
      realtime test and optimization is somewhat hindered. The challenge would
      then be to correctly interpret the user behavior when having less and/or
      incomplete data. But at least the outcome can still be measured for most
      online initiatives.

      also, I read this interesting article today:

      just my 2 cents, hope that helps.


      Am 02.11.2011 21:12, schrieb Matthias Bettag:
      > EU ePrivacy Directive
      > <http://groups.yahoo.com/group/webanalytics/message/28618;_ylc=X3oDMTJzaWdmdGFsBF9TAzk3MzU5NzE1BGdycElkAzEyOTc5MTQxBGdycHNwSWQDMTcwNTAwNTU4MgRtc2dJZAMyODYxOARzZWMDZG1zZwRzbGsDdm1zZwRzdGltZQMxMzIwMDY3OTE5>
      > Posted by: "ju2ltd" jim@...
      > <mailto:jim@...?Subject=%20Re%3A%20EU%20ePrivacy%20Directive> ju2ltd
      > <http://profiles.yahoo.com/ju2ltd>
      > Mon Oct 31, 2011 6:14 am (PDT)
      > If you are a website hosted in the US with 90% unique visitors from
      > the US but with a development team based in the EU.
      > Would you have to comply with the EU directive requiring informed
      > consent prior to setting cookies? For all our users or just EU users?
      > Regardless of the legal position, I note that Firefox and Chrome
      > already have Do Not Track settings so in the near future visitors will
      > be able to easily switch off all cookies - functional, 1st and 3rd party.
      > I am pretty confident we can win consent for functional cookies and
      > even tracking cookies (i.e. Google Analytics cookies) but I suspect
      > that if asked most visitors would not give consent for 3rd party
      > cookies served by ad networks.
      > Removing ad cookies is likely to severely reduce eCPMs which could be
      > a real issue for ad supported websites.
      > May be this forum is not the best place to discuss these issues but I
      > would be interested to find out what others are doing about this issue.

      [Non-text portions of this message have been removed]
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