Find out how we can help you adapt your site or app to the regulations
Websites and apps must always comply with certain requirements imposed by law. Failure to comply with the legal requirements, can result in serious penalties including substantial fines, audits and potential litigation.
For this reason *we have chosen to rely on iubenda*, a company built on both legal and technical expertise, that specializes in this sector. Together with iubenda, of which we are Certified Partners, we have developed a proposal to offer all our customers a simple and safe solution to their compliance needs.
Overview of the main legal requirements for websites and apps owners
Privacy and Cookie Policy
The law obliges each site/app that collects personal data to *disclose relevant details to users via dedicated privacy and cookie notices*.
Privacy policies must contain certain fundamental elements specific to your particular processing activities, including:
* the contact and identifying details of the data controller;
* which personal data is being processed;
* the purposes and methods of processing;
* the legal bases of processing (e.g. consent);
* the third-parties that may also access the data — this includes any third party tools (e.g. Google Analytics);
* details relating to the transfer of data outside the European Union (where it applies);
* the rights of the user;
* description of notification process for changes or updates to the privacy policy;
* the effective date of the privacy policy.
The cookie policy specifically describes the different types of cookies installed through the site, any third parties to which these cookies refer – including a link to the respective documents and opt-out forms – and the purposes of the processing.
Can't we use a generic document?
It's not possible to use generic documents as your policy must *describe in detail the specific data processing carried out by your site/app*, and must also include the particular details of any third party technologies (e.g. Facebook Like buttons or Google Maps) specifically used by you.
What if my site does not process any data?
It's very difficult for your site not to process any data. A simple contact form or a traffic analysis system such as Google Analytics is enough to trigger the obligation to prepare and display a privacy and cookie policy.
COOKIE LAW
In addition to providing an easily available and accurate cookie policy, *in order to adapt a website to the cookie law, it is also necessary to show an informative cookie banner which links to a detailed cookie policy at the first visit of each user, giving the user the opportunity to either reject or grant consent to the installation of cookies*. Most types of cookies, including those issued by tools such as social sharing buttons, should only be released after the user have provided a valid consent.
Furthermore, many third-party vendor networks may limit ad reach if you do not have a cookie management system that meets industry standards in place — potentially reducing your ability to generate ad revenue.
*What is a cookie?*
Cookies are small files used to store or track certain information while a user browses a site. Cookies are now essential to the proper functioning of a site. In addition, many third-party technologies that we integrate into our sites, such as simple video widgets or analytics programs, also use cookies.
CONSENT
Where your user may need to directly enter personal data on the site/app, for example by filling in a contact form, service registration or newsletter subscription, it is necessary to *collect consent that is freely given, specific and informed. It's also necessary to keep unambiguous records that allow you to demonstrate that valid consent was collected*.
*What is free, specific and informed consent?*
You must obtain consent for each specific processing purpose – for example, a consent to send newsletters and another consent to send promotional material on behalf of third parties. Consent may be requested by setting up one or more checkboxes that are not pre-selected, not mandatory or coerced (freely given) and accompanied by relevant disclosures that make it clear to the user how his or her data will be used.
*How can proof of valid consent be demonstrated unambiguously?*
A range of information must be collected each time a user fills in a form on your site/app. This information includes a unique user identification code, the content of the privacy policy accepted, a copy of the form submitted by the user as well as a record of the opt-in mechanism used.
