Kevin Edwards, Strategy Director at Affiliate Window, will run through what is currently perceived as successful compliant website implementations following the passing deadline of the EU's ePrivacy Directive. Imperative for any web property owner across Europe.

1. Privacy and Compliance
Solved: The European ePrivacy
Directive & Performance
Marketing
June 2012

2. Some background...

3. Privacy policies...
...tend to be legally impenetrable
...tend to be tucked away at the foot
of the page
...tend to be almost entirely unread
Who is clear what permissions we’re
giving to companies?

4. The Privacy & Electronic
Communications (EC Directive)
Regulations 2003
• 2003 Regulations implemented a European
Directive dealing with privacy in the digital age
• In 2009 this was changed. Article 5(3) was
amended to say websites were required to get
“consent for storage or access to information
stored on a subscriber or user’s terminal
equipment”... in other words... CONSENT

5. Deeply flawed legislation?
• At its heart is a decent concept: protect and
educate consumers
• The problem we have is how we do that without
damaging out businesses
• Other EU countries are still struggling with
legislating and implementing
• There is no definitive guide how to be compliant
• The law was primarily aimed at behaviourally
targeted ads and spyware/adware

6. What’s changed?
Exemption: Strictly Necessary

7. What does consent mean?
Consent goes straight to the heart of the issue...
Impractical: consider information made
PRIOR available after cookie drops & persistency
Practical: a key focus is on empowering
INFORMED consumers with cookie information
Ultimate goal: consumers confident to
IMPLIED know how they’re tracked. May already
be sufficient for some publishers

8. What are our responsibilities?

9. What have other countries done?

10. What have other countries done?

11. The AMC
• The Five Point Plan (the approach of the IAB’s
Affiliate Marketing Council in addressing the
Directive)
• The Consumer Transparency Framework (a
guide for publishers to aid compliance)
• Online Performance Marketing, Cookies and You s
(a consumer facing guide to AM)

13. What have we done?

14. What about technical solutions?
Affiliate Window ePrivacy plug-in

15. Further reading...
• Everything you need to know about the
Directive is contained in our guide
• The revised ICO guidance from Friday 25th May
contains much more detail on ‘Implied
Consent’
• Sign up to the Affiliate Window Strategy
newsletter: strategy@affiliatewindow.com