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The main take-aways from AOP’s EU Privacy Directive Forum

“The UK economy is driven by the internet economy, and the internet economy is driven by data. Let’s not screw this up.”Nick Stringer, Director of Regulatory Affairs, IAB
Members can download presentations from the ICO, 4Ps Marketing, Evidon and IAB. From the ICO
  • The Directive was primarily conceived to address issues around online behavioural advertising rather than issues around tracking for site analytics and user experience purposes
  • It’s important to realise the issue the Directive addresses is to ensure there is ‘informed consent’ to tracking – it’s not opt in or opt out and it’s not just cookies, but any form of tracking technology
  • The action of arriving at a page with a clear link to explain the site’s cookie/data collection policy, then clicking through to another page on the site would act as implied consent for most cookies
ICO's David Smith on the EU Privacy Directive

  • This implied consent would need to include information on how and what the user is opting into
  • Publishers need to demonstrate a practical and proportionate approach to enforcement – something that makes it clear that tracking will be deployed
  • The opt-in solution on the ICO’s own site is not an example to be followed, but there because it ‘had to by whiter than white’ according to Deputy Commissioner David Smith
  • It is feasible that the solution could be browser-based
More advice and background
  • 26 May, when the EU Privacy Directive comes into force, is 'not the end but the start' said Damian Scragg, Evidon – the start of continual monitoring of data & cookies on your sites
  • Clive Grinyer of Cisco added that major online retailers are currently focusing a lot of energy on ways of making tracking a compelling proposition - educating customers on why it makes the web works better in the hope they won’t opt out
  • However, the US experience shows there’s a low click-through rate on ad choices banners (0.001%) - and only 2% of those subsequently opt out everywhere, said Evidon
  • Compliance means no one can hide in the value chain. So, publishers are going to need to know more , and share with the consumer more. You should be scanning ads for cookies, and seeking warranties from ad partners on cookie liability
  • Wherever possible, tailor your policy and cookie consent around your user – solutions that bear a UX perspective in mind would be welcome, according to the ICO
Read Matt Stannard’s from 4Ps Marketing's four key points from the event Members can download speaker presentations here.

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