As a follow on from the March posting on the EU Privacy Directive there is now more flesh around the bones in respect of official guidance. The ICO (Information Commissioner's Office) has published a paper once again summarising the changes but also advising on how to respond with measures. Whilst it does not go so far as to prescribe exactly what website owners should be doing in order to comply it does off some steer. For anyone in any doubt, the paper spells out that the rules are not to be ignored and explains how there will be a phased approach to the introduction of the law. It goes on to outline the practical steps that should be taken starting with carrying out an assessment of how website owners are using cookies within the context of the rules, what policies and plans should be applied to ensure compliance through to some suggestions around specific scenarios.

The ICO guidance can be found here.

Alongside our internal activities, OMG is continuing to work within the context of the IAB and industry level plans are being developed. The IAB is encouraging input and participation from all stakeholders and the following has been issued for circulation:

IAB Affiliate Marketing Council
ICO’s ‘Advice’ on changes to the rules on using cookies and similar technologies for storing information
On 10th May the ICO released their ’starting point’ advice for the impending changes to the rules on using cookies and similar technologies for storing information. The full report can be found here

A summary of the ICO report is as follows:

• The Government’s view is that there should be a phased approach to the implementation of these changes meaning that there will not be an immediate crackdown on 26th May
• However, in light of this, if the ICO were to receive a complaint about a website, they would expect an organisations response to set out how they have considered the changes to the ruling
• The key point is that these new rules cannot be ignored
• The ICO will be issuing separate guidance on how they intend to enforce these regulations
• The ICO advise websites to take the following steps:
    o Check what type of cookies or similar technologies you use and how you use them
    o Assess how intrusive your use of cookies is
    o Decide what solution to obtain consent will be best in your circumstances
• The online industry cannot rely on consent being obtained by the browsers and should look to gain consent in some other way
• The ICO does not intend to use prescriptive lists on how to comply with the new rules

The guidance contains references indicating a system of ‘prior consent’ (i.e. consent must be achieved before the ‘first’ cookie is dropped). This is not in line with the Government’s stated intention and policy of ‘informed consent’. The IAB will provide the Affiliate Marketing Council will further information and guidance on this shortly but appreciates the confusion that this is causing in the market.

What is the Affiliate Industry doing?
The IAB Affiliate Marketing Council has a committee that is specially set-up to debate and discuss the changing of these rules.  The committee has met three times this year and are presenting a plan to the IAB to consider and will present feedback at the next Affiliate Marketing Council on 26th May. Please see www.iabaffiliatemarketing.com for details or contact Helen Southgate (contact details below). We are keen to hear from any Affiliates / Advertisers / Agencies that are working on areas to comply to ensure we have a cross industry collaboration so please do get in touch.

What are other Industries doing?
The Behavioural Advertising Industry has already been putting new plans for pan-European good practice in this sector.  This includes re-targeting. Please see here for more information.

Contact the IAB AMC
Chair of the IAB Council:
Helen Southgate Helen.southgate@bskyb.com
IAB Contacts:
Jack Wallington jack@iabuk.net
Chris Probert c.probert@iabuk.net
Nick Stringer nick@iabuk.net

We welcome input from our clients and industry colleagues; please get in touch in the usual way.