INTRODUCTION ON COOKIES and INFORMATION NOTICE
- Analytical cookies are assimilated to technical cookies only when created and used directly by the website primarily in order to improve its usability.
- If analytical cookies are made available by third parties, the owners of the website are not subject to any obligations (such as notification to the Guarantor) in the following cases:
- A) tools are adopted that reduce the identification power of the analytical cookies (for example by masking significant portions of the IP address);
- B) the third party undertakes not to cross-reference information contained in the cookies with other information that is already available.
- If the website contains links to third-party websites (e.g. links to social networks) that do not require the installation of profiling cookies, there is no need for information notices and request for consent.
- In the extended information notice, consent to the use of profiling cookies may be requested in specific categories (e.g. travel, sport etc.).
- It is possible to give a single notification for all the various different websites that are managed within the same domain.
- The obligations apply to all websites that install cookies on users’ terminals, whether or not they have an office in Italy.
How to disable cookies on your browser
- Disabling cookies on Firefox
- Disabling cookies on Chrome
- Disabling cookies on Internet Explorer
- Disabling cookies on Safari
- Disabling cookies on Opera
How to disable third-party service cookies
1. What are cookies?
Cookies are small text files that the websites visited by users send to their terminals, where they are stored before being re-transmitted to the same websites on the users’ next visit (first-party cookies). The so-called “third-party cookies”, on the other hand, are set or managed by a website other than the one the user is visiting. This is because each website may contain elements (images, maps, sounds, specific links to the web pages of other domains, etc.) that are hosted on servers other than that of the website being visited.
2. What are cookies used for?
Cookies are used for various different purposes, which may include computer authentication, session monitoring, storage of information regarding the specific configurations of users who access the server, storage of preferences, etc.
3. What are “technical” cookies?
These are cookies that are used for browsing or to provide a service requested by the user. They are not used for other purposes and are normally installed directly by the website owner. Without the use of these cookies, certain operations could not be carried out or would be more complex and/or less secure, such as home banking activities (viewing account statements, effecting wire transfers, paying bills, etc.). For these operations cookies are indispensable, as they allow users to be identified and for their identification to be maintained during the session.
4. Are analytics cookies “technical” cookies?
No. The Guarantor (see the provision of 8th May 2014) has specified that they can be assimilated to technical cookies only if they are used for the purpose of optimizing the website directly by the owner of the website, who can collect information in an aggregate form on the number of users and on the ways in which they visit the website. In this case, the same rules apply to analytics cookies, in terms of information notices and consent, as those that apply to technical cookies.
5. What are “profiling” cookies?
These are the cookies used for tracking users’ navigation on the net and for creating profiles on their tastes, habits, choices, etc. Thanks to these cookies, advertising messages consistent with the users’ preferences, as revealed by their online browsing habits and choices, are transmitted to their terminals.
6. Is users’ consent required for installing cookies on their terminals?
This depends on the purposes for which the cookies are used, i.e. on whether they are “technical” or “profiling” cookies. User consent is not required for the installation of technical cookies, although an information notice must be provided (according to Article 13 of the Privacy Code). Profiling cookies, on the other hand, can only be installed on users’ terminals if they have given their consent after being informed via simplified modalities.
7. How must the website owner provide the simplified information notice and request users’ consent for the use of profiling cookies?
8. How must the banner appear?
The banner must be large enough to partially cover the content of the web page the user is visiting. It must be possible to eliminate or remove it only if the user actively intervenes, i.e. by clicking or selecting any part or element of the underlying webpage.
9. What information must the banner contain?
The banner must state that the website uses profiling cookies, possibly also those of “third parties”, which make it possible to send advertising messages consistent with the user’s preferences.
It must contain the link to the extended information notice and the information that, thanks to that link, it is possible for the user to refuse consent to the installation of any cookie.
10. How can consent made via the banner be documented?
To keep track of the consent acquired via the banner, the website owner can use a specific technical cookie, with a system that is not particularly invasive and does not in turn require further consent. In the presence of this kind of “documentation”, it is not necessary for the brief information notice to be shown on the user’s second visit to the website, although without prejudice to the latter’s ability to deny consent and/or modify his/her options, easily and at any time, by accessing the extended information, which must therefore be accessible via a link from every page of the website.
No. The website owners may always employ modalities other than the one identified by the Guarantor in the above-indicated provision, provided that the modalities chosen meet all the requirements for the validity of the user’s consent as specified by the law.
12. Does the obligation to use the banner also affect the owners of websites that use only technical cookies?
13. What must the “extended” information notice indicate?
The “extended” information notice must:
- Contain all the information required by law, analytically describe the characteristics and purposes of the cookies installed on the website and allow the user to select/deselect individual cookies.
- Include the updated link to the information notices and consent forms of the third parties with which the website owner has entered into agreements for the installation of cookies through the website.
- Remind users that they can also change their cookie consent options through the settings of the browser that they use.
14. Who is required to provide the information notice and request the user’s consent for cookies?
The owner of the website who installs profiling cookies. For third-party cookies installed through the website, the third parties have the disclosure and consent obligations, but the owner of the website, as a technical intermediary between them and the user, is required to include, within the “extended” information notice, updated links to the information notices and consent forms of the third parties.
It is obligatory to notify profiling cookies, which usually persist over time, while cookies with different purposes that can be considered as technical cookies, do not have to be notified to the Guarantor.
16. When did the measures prescribed by the Guarantor in the provision of 8th May 2014 come into force?
The Guarantor provided a transitional period of one year following the publication of the provision in the Official Gazette, so as to give the interested parties enough time to comply. This period ended on 2nd June 2015.
Rights of the interested parties
Pursuant to articles 15, 16, 17, 18, 20 and 21 of EU Reg. 679/2016, the subjects to whom personal data refers have the right at any time to obtain confirmation of the existence or otherwise of this data and to know its content and origin, verify its accuracy or request its integration, updating, or correction. Pursuant to the same articles, they have the right to request the cancellation, transformation into an anonymous form or blocking of data processed in violation of the law, and to object in any case to its processing, for legitimate reasons.
All requests should be addressed to LOGICOM S.r.l .:
- by post to the address: Viale G. Mazzini 120 – 00195 Roma, Italy;
- by fax, to the number: +39 06 22787211
- by e-mail, to the address: firstname.lastname@example.org