1. What are cookies?
Cookies are small text files that sites visited by users send to their terminals, where they are stored to be retransmitted to the same sites at the next visit. C.d. cookies “Third parties” are instead set up by a website other than what the user is visiting. This is because any site (images, maps, sounds, specific links to web pages from other domains, etc.) can be present on sites that reside on servers other than that of the visited site.
2. What are cookies?
Cookies are used for different purposes: running computer authentication, tracking sessions, storing information about specific configurations for users who access the server, preference storage, and so on.
3. What are “technical” cookies?
These are cookies that are used to navigate or provide a user-requested service. They are not used for further purposes and are normally installed directly by the website owner.
Without the use of such cookies, some transactions could not be accomplished or would be more complex and / or less secure, such as home banking (billing, bank transfer, bill payment, etc.), for Such as cookies, which make it possible to maintain and maintain the user’s identification within the session, are indispensable.
4. Is cookie analytics technical cookie?
No. The Guarantor (see May 8, 2014) stated that they can be assimilated to technical cookies only if used to optimize the site directly from the owner of the site itself, which will collect aggregated information on the number of users And how they visit the site. Under these conditions, analytics cookies apply the same rules as for information and consent provided for technical cookies.
5. What are “profiling” cookies?
These are the cookies used to trace the user’s browsing over the web and create profiles about his tastes, habits, choices, etc. These cookies can be transmitted to the user’s terminal with advertisements in line with the preferences already displayed by the same user in online browsing.
6. Do you need user consent for installing cookies on your terminal?
It depends on the purposes for which cookies are used and, therefore, whether they are “technical” or “profiling” cookies.
Technical user cookies are not required to consent to users, while providing information (Article 13 of the Privacy Code). Profiling cookies, on the other hand, can be installed on the user terminal only if they have given their consent after being informed in simplified mode.
7. How does the site owner need to provide simplified information and request permission to use profiling cookies?
As determined by the Guarantor in the provision set out in Application No. 4, the information should be set on two levels.
As soon as a user accesses a website (on the home page or on any other page), a banner containing a first “brief” information, a cookie authorization request, and a link to sign in must appear immediately To a more “extended” information. On this page, you can find more and more detailed cookie information to choose which specific cookies to authorize.
8. How should the banner be created?
The banner must be of such dimensions as to partially cover the content of the web page that the user is visiting. It must be able to be deleted only by means of an active intervention by the user, ie by selecting an item on the page below.
9. What information should the banner contain?
The banner must specify that the site uses profiling cookies, possibly also “third parties”, that allow you to send advertising messages in line with your user preferences.
It must contain the extended disclosure link and the indication that, through that link, you can deny consent to the installation of any cookies.
It must specify that if the user chooses to continue “jumping” the banner, he agrees to use cookies
To keep track of the consensus acquired, the site owner may use a special technical cookie, a system that is not particularly invasive and does not require a further consensus.
In the presence of such “documentation”, it is not necessary for the short notice to be returned to the second visit of the user on the site, without prejudice to the latter’s ability to deny consent and / or modify at any time and in a manner Ease, your options, for example through extensive disclosure, which must therefore be linked to each page of the site.
11. Can the online consent to use cookies be requested only through the use of the banner?
No. Site owners always have the option to resort to ways other than those identified by the Guarantor in the above mentioned provision, provided that the chosen modalities have all the requirements of validity of the consent required by law.
12. Does the obligation to use the banner also apply to site owners who only use technical cookies?
No. In this case, the site owner can give users the information they think most appropriate, for example, by including the relevant information in the privacy policy indicated on the site.
13. What does “extensive” information mean?
It must contain all the elements provided by law, describe analytically the features and purposes of cookies installed by the site and allow the user to select / uncheck individual cookies.
It must include the updated link to third party consent information and forms with which the policyholder has entered into a cookie agreement through his site.
Finally, it must be possible for the user to manifest their cookie options even through the browser settings used.
14. Who is required to provide the information and request consent for the use of cookies?
The website owner who install profiling cookies.
For third-party cookies installed through the site, the disclosure and consent obligations apply to third parties, but the site owner, as a technical intermediary between these and users, is required to include the updated links in the “extended” To third parties’ information and consent forms.
15. Do I use cookies to notify the Guarantor?
Profilation cookies, which usually remain over time, are subject to a notification requirement, while cookies that have different purposes and fall into the category of cookies are not required to be notified to the Guarantor.
16. When will the measures required by the Guarantor come into force with the measure of May 8, 2014?
The Guarantor has foreseen a transitional period of one year from the publication of the order in the Official Gazette to enable the interested parties to comply. This period will end on 2 June 2015.