1. Complying And Coping In The New
World Of Regulated Global Marke?ng
Environment
Top Tips for Marketers
Anthony Haney
@anthonyhaney
anthony@21LLC.com
+01.646.221.7591
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 1

2. Don’t Put Your Head in the Sand…
• If you’re here, you know that the rules are
going to change so be proac?ve
• Think about this as a posi?ve opportunity…
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 2

3. Be Bashful… Not Dopey
No one is certain yet…
why be the leader and
create unnecessary
work at this stage?
• At the same ?me, don’t
pretend like nothing is
happening which could turn
in to a worst case scenario
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 3

4. Do Start a Site Cookie Audit
Every site should be doing a
periodic cookie audit.
• Do you even know how many
cookies (first or third party) you’re
dropping on every visitor?
• We know there are too many tags
when we have tags to manage the
number of tags.
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 4

5. Do Start the Conversa?on…
With your teams on SEM/SEO/IT/
Compliance/Legal/Everyone who has
anything to do with your site:
• With the number of people who are likely to be affected
by the new law, take control
• Saying nothing & doing nothing will get you… nowhere
• Start now; you may not know how many people will be
involved and the extent
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 5

6. Do Watch What Others are Doing
Companies (small & large Fortune 100) are
preparing to put the disclosure in the “privacy
info” & T&Cs:
• Be transparent; geing the informa?on on the site is the
first step, even when in the footer (note that this is not
the inten?on of the ICO).
• Example from a Fortune 100 company (note that it will be
in the footer, not the header):
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 6

7. Do Watch What Others are Doing
• Don’t be first to be “excessively” open
about your modifica?ons
• Imagine how your users may respond to a splash page
or pop‐up banner (a recommenda?on of ICO)
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 7

8. Do Watch What Others are Doing
ICO: The regulatory body’s own website:
Note that I can browse the site with no no0ceable
interference, but the banner at the top remains persistent
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 8

9. Do Watch What Others are Doing
P.S. – The irony is that the ICO has to set a cookie to note
that you don’t want to accept cookies
• And won’t it be “fun” to get this same message
every ?me you clear your cookies?
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 9

10. Do Watch What Others are Doing
AllAboutCookies.org:
• Ini?al Site Pop Up:
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 10

11. Do Watch What Others are Doing
AllAboutCookies.org:
• Without cookies enabled: New line (where the ad should
be) asks you to enable cookies
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 11

12. Do Watch What Others are Doing
AllAboutCookies.org:
• With cookies enabled –Ads by Google become viewable
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 12

13. Do Watch What Others are Doing
Start watching what the giants are doing:
• Google, Microsom, Omniture, etc.
• The “owners” of the web will likely be the first to
disclose what they are doing and how for first and
third party cookies
• Your compe?tors; how aggressive are
they?
• What’s you likeliness to be singled out? The more
prominent you are… the more to worry
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 13

14. Do Be Ready to Change & Adapt
The ICO isn’t clearly sta?ng how it will police
the new law…
• There will be ac?ons including:
• Informa?on No?ce
• Undertaking
• Enforcement No?ce
• Monetary Penalty No?ce (Up to £500,000)
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 14

15. Do Be Ready to Change & Adapt
The ICO isn’t clearly sta?ng how it will police
the new law…
• Sta?ng that you’ve already started with your
cookie audit gives you have a leg to stand on
• Amer having ini?al internal discussions, you’ll
know how deep and wide the cookie problem
may be for your site
• E‐commerce sites are likely going to have much more
to worry about
• Over 1/3 of E‐Retail sites are already planning pop‐up, but
will will they actually go through with it?
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 15

16. Do Look for New Tools to Emerge
• Wolf‐Somware:
hop://www.wolf‐somware.com/downloads/packages/jpecr‐
package/ or hop://cookies.dev.wolf‐somware.com/
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 16

17. Do Look for New Tools to Emerge
• Site cookie audit/compliance:
• hop://www.cookielaw.org/get‐started‐with‐optanon.aspx
• hop://silk?de.com/cookielaw/solu?ons/test‐your‐
compliance
• No?ce of cookies:
• (Wordpress, Magento & Drupal plugins)
hop://civicuk.com/cookie‐law/configura?on
• Audit & No?fica?on:
• hop://cookieq.com/CookieQ/index
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 17

18. Do Remember how Cookies Will Effect your
Strategy
I’m s?ll here…
and not going When’s the last ?me
anywhere! you deleted your
cookies?
• Today?
• This week?
• This month?
• With 35%+ of Internet
users dele?ng their
cookies 1x per month,
prepare for this to be
an ongoing issue
www.21Interac?veMedia.com
SMX London 2012 ‐ Page: 18

19. For the Nioy Grioy
Visit the ICO at: hop://www.ico.gov.uk
• Plenty of ?ps/defini?ons & possibly more
than you may need to get started
• Scared?
• Download the full guide on how the ICO could
poten?ally penalize you:
www.ico.gov.uk/.../guidance_on_the_new_cookies_regula?ons.ashx
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 19

20. Contact Informa?on
Anthony Haney
@anthonyhaney
anthony@21LLC.com
+01.646.221.7591
www.21Interac?veMedia.com SMX London 2012 ‐ Page: 20