Whether you agree or disagree with the EU cookie law and the UK cookie law, the fact is you need to perform a cookie audit and begin to take steps towards legal compliance.
Our hope is that we can make the process of performing a tracking tag and cookie audit as pain free as possible and as cost effective as possible.
But, beyond just the first step of performing a cookie audit on your website, our hope is to also grow into providing website operators with compliance tracking solutions so you can eventually become "certified" in how you handle cookies and report on how they are used.
With that in mind, what started out as monitr.com three months ago has now been rebranded as Tagcert.
It means just what it says, we want you to be "tagcertified" and aware of every third party tag and cookie in use on your website.
We feel the name is memorable and captures exactly what we hope to help you do as the May 2012 deadline for cookie compliance approaches in the UK.
Same vision. Same people. Same commitment to helping you deal with the EU and UK cookie laws.
Saturday, December 3, 2011
Friday, December 2, 2011
Cookie Law In Spotlight Again With AOP
The Association of Online Publishers (AOP) has another good guest post highlighting the impending deadline for cookie compliance in the UK.
In summary, the new legislation requires businesses and organisations to receive informed consent before dropping cookies on computers within the EU, irrespective of where the website is hosted. This means that even US sites need to be compliant for site visitors residing in the EU. In addition, publishers are liable for 3rd party data collection and utilisation activities.
As a reminder, the directive suggests that publishers do three things:
1. Have an audit performed as soon as possible to determine what type of cookies and similar technologies you use and how you use them. Then classify what is ‘strictly necessary’ vs. ‘requires consent’, and remove highly intrusive collection channels.
2. Assess how intrusive the cookies are compared to your business expectations/requirements and legal requirements.
3. Develop a plan and decide which solutions you will implement to obtain consent. Relying on browser settings is not sufficient. This plan must be implemented by March 2012.
You can perform a tracking tag and cookie audit in a matter of minutes with Tagcert. More info.
In summary, the new legislation requires businesses and organisations to receive informed consent before dropping cookies on computers within the EU, irrespective of where the website is hosted. This means that even US sites need to be compliant for site visitors residing in the EU. In addition, publishers are liable for 3rd party data collection and utilisation activities.
As a reminder, the directive suggests that publishers do three things:
1. Have an audit performed as soon as possible to determine what type of cookies and similar technologies you use and how you use them. Then classify what is ‘strictly necessary’ vs. ‘requires consent’, and remove highly intrusive collection channels.
2. Assess how intrusive the cookies are compared to your business expectations/requirements and legal requirements.
3. Develop a plan and decide which solutions you will implement to obtain consent. Relying on browser settings is not sufficient. This plan must be implemented by March 2012.
You can perform a tracking tag and cookie audit in a matter of minutes with Tagcert. More info.
Friday, October 28, 2011
Practical cookie compliance workshop
The monitr™ crew will be attending "Practical cookie compliance workshop" hosted by Bird&Bird in London on Nov 8th.
For further information, or to register to attend please contact the Events Team at events@twobirds.com or call +44 (0)20 7415 6000.
The programme is as follows:
15.30 - 16.00
Registration and refreshments
16.00 - 16.05
Welcome and introduction
Ruth Boardman, Partner, Bird & Bird London
16.05 - 16.30
Update on cookie legislation across Europe
Gabriel Voisin, Associate, Bird & Bird London
Feyo Sickinghe, Senior European Counsel, Bird & Bird The Hague
Emilia Stepien, Associate, Bird & Bird Warsaw
Nathalie Metallinos, Associate, Bird & Bird Paris
16.30 - 17.00
Approaches to compliance:
Asking for consent: Richard Beaumont, Account Manager, Governor Technology Limited
Using self-regulatory programmes: Nick Stringer, Director of Regulatory Affairs, IAB UK
Alternatives to consent: David Norris, CEO, BlueCava
17.00 - 17.30
Panel discussion
17.30 - 19.30
Drinks and canapés
For further information, or to register to attend please contact the Events Team at events@twobirds.com or call +44 (0)20 7415 6000.
The programme is as follows:
15.30 - 16.00
Registration and refreshments
16.00 - 16.05
Welcome and introduction
Ruth Boardman, Partner, Bird & Bird London
16.05 - 16.30
Update on cookie legislation across Europe
Gabriel Voisin, Associate, Bird & Bird London
Feyo Sickinghe, Senior European Counsel, Bird & Bird The Hague
Emilia Stepien, Associate, Bird & Bird Warsaw
Nathalie Metallinos, Associate, Bird & Bird Paris
16.30 - 17.00
Approaches to compliance:
Asking for consent: Richard Beaumont, Account Manager, Governor Technology Limited
Using self-regulatory programmes: Nick Stringer, Director of Regulatory Affairs, IAB UK
Alternatives to consent: David Norris, CEO, BlueCava
17.00 - 17.30
Panel discussion
17.30 - 19.30
Drinks and canapés
Wednesday, October 19, 2011
Cookie consent: It's not optional - it's the law, warns ICO
Amendments to the UK's Privacy and Electronic Communications Regulations (PECR) came into force back in May - aligning UK law with changes to the EU Privacy and Electronic Communications Directive.
The changes require companies to gain consent before collecting user data or storing tracking programs such as cookies on users' computers. However, at the time, the Information Commissioner Christopher Graham said he would give UK businesses a year's grace to comply with the new law.
But speaking at a Westminster eForum on digital marketing in London last week, Graham voiced concerns the industry is sleepwalking towards non-compliance - warning delegates that almost half the grace period has now elapsed and not enough is being done by websites and advertisers to prepare.
"For organisations that are in the UK, it's necessary to carry out an audit of the cookies that are being used on their website, ditch the cookies that are useless, work out what information is being collected and document that audit so that there is an insurance policy for those organisations should they be found wanting in an investigation by the ICO..."
Graham said the ICO will be updating the guidance that it has published so far to include examples of good practice. It will also be giving more details about where it expects the regulatory focus to be, come the end of May 2012 when the grace period elapses.
Further Reading:
Cookie consent: It's not optional - it's the law, warns ICO
ICO pushes for compulsory data audits
ICO needs compulsory audit powers, says Information Commissioner
The changes require companies to gain consent before collecting user data or storing tracking programs such as cookies on users' computers. However, at the time, the Information Commissioner Christopher Graham said he would give UK businesses a year's grace to comply with the new law.
But speaking at a Westminster eForum on digital marketing in London last week, Graham voiced concerns the industry is sleepwalking towards non-compliance - warning delegates that almost half the grace period has now elapsed and not enough is being done by websites and advertisers to prepare.
"For organisations that are in the UK, it's necessary to carry out an audit of the cookies that are being used on their website, ditch the cookies that are useless, work out what information is being collected and document that audit so that there is an insurance policy for those organisations should they be found wanting in an investigation by the ICO..."
Graham said the ICO will be updating the guidance that it has published so far to include examples of good practice. It will also be giving more details about where it expects the regulatory focus to be, come the end of May 2012 when the grace period elapses.
Further Reading:
Cookie consent: It's not optional - it's the law, warns ICO
ICO pushes for compulsory data audits
ICO needs compulsory audit powers, says Information Commissioner
Tuesday, October 11, 2011
Germany moves towards no social plug ins
Social plugins like the popular Facebook “Like Button” and the Google "Plus Button" are increasingly coming under pressure as a number of German data protection authorities have expressed their concern about compliance with German data protection and media laws.
Germany’s northernmost DPA in the state of Schleswig-Holstein set a deadline by the end of September 2011 for website providers to remove social plugins from websites, other DPAs in Germany have expressed similar views.
In cases of non-compliance, administrative fines of up to EUR 50,000.00 may be imposed. According to press reports, the first german website operators to remove their social plugins are government organizations including administrations and local authorities.
"...it now appears that the liability will be placed upon domestic users of social media services."
The likelihood for a website provider using social plugins to become subject to an enquiry or fine by a German DPA is hard to predict. However, the Schleswig-Holstein DPA has already announced that it will take action after the expiry of the September deadline. It remains to be seen how DPAs in the rest of Germany will react.
monitr™ is available for any website operator in any EU country. You can perform an instant website privacy audits and access ongoing monitoring reports to ensure you are onside with regulators in your chosen country of business.
Further Reading:
Germany vs. Facebook: Like Button Declared Illegal, Sites Threatened With Fine
German Agencies Banned From Using Facebook, 'Like' Button
German DPAs to attack Social plug-ins
Germany’s northernmost DPA in the state of Schleswig-Holstein set a deadline by the end of September 2011 for website providers to remove social plugins from websites, other DPAs in Germany have expressed similar views.
In cases of non-compliance, administrative fines of up to EUR 50,000.00 may be imposed. According to press reports, the first german website operators to remove their social plugins are government organizations including administrations and local authorities.
"...it now appears that the liability will be placed upon domestic users of social media services."
The likelihood for a website provider using social plugins to become subject to an enquiry or fine by a German DPA is hard to predict. However, the Schleswig-Holstein DPA has already announced that it will take action after the expiry of the September deadline. It remains to be seen how DPAs in the rest of Germany will react.
monitr™ is available for any website operator in any EU country. You can perform an instant website privacy audits and access ongoing monitoring reports to ensure you are onside with regulators in your chosen country of business.
Further Reading:
Germany vs. Facebook: Like Button Declared Illegal, Sites Threatened With Fine
German Agencies Banned From Using Facebook, 'Like' Button
German DPAs to attack Social plug-ins
Monday, October 3, 2011
Facebook Privacy Audit. Many more to come.
One of the first large scale privacy audits in Europe is about to happen to Facebook.
The Irish data protection commissioner is to conduct a privacy audit of Facebook’s activities outside the US and Canada after an Austria-based group called Europe versus Facebook made 22 complaints.
In a 14-page letter the campaigners – which include EPIC, the Center for Digital Democracy and Consumer Action – also raised concerns about Facebook’s use of cookies to track users’ browsing even when they are logged out of the social network.
"concerns about Facebook’s use of cookies to track users’ browsing even when they are logged out of the social network."
Facebook’s European headquarters are in Dublin, which makes its operations outside the US and Canada subject to Irish and European data protection legislation.
This is likely the high profile privacy audit that will open alot of eyes across the EU and the UK to the realities of data privacy enforcement.
monitr™ lets you perform a cookie and tracking tag audit on your website(s) immediately so you can stay onside with regulators.
Prove to your customers that you take their data privacy seriously.
More reading on the Facebook privacy audit:
Facebook faces flood of access requests, new Irish privacy audit
Facebook faces scrutiny over privacy
Facebook Targeted in Group Privacy Suit Over Internet Tracking
The Irish data protection commissioner is to conduct a privacy audit of Facebook’s activities outside the US and Canada after an Austria-based group called Europe versus Facebook made 22 complaints.
In a 14-page letter the campaigners – which include EPIC, the Center for Digital Democracy and Consumer Action – also raised concerns about Facebook’s use of cookies to track users’ browsing even when they are logged out of the social network.
"concerns about Facebook’s use of cookies to track users’ browsing even when they are logged out of the social network."
Facebook’s European headquarters are in Dublin, which makes its operations outside the US and Canada subject to Irish and European data protection legislation.
This is likely the high profile privacy audit that will open alot of eyes across the EU and the UK to the realities of data privacy enforcement.
monitr™ lets you perform a cookie and tracking tag audit on your website(s) immediately so you can stay onside with regulators.
Prove to your customers that you take their data privacy seriously.
More reading on the Facebook privacy audit:
Facebook faces flood of access requests, new Irish privacy audit
Facebook faces scrutiny over privacy
Facebook Targeted in Group Privacy Suit Over Internet Tracking
Thursday, September 22, 2011
monitr launches privacy auditing partner program
If you require a cost effective and reliable software service to help you perform online cookie audits and compliance reviews for your clients, monitr™ could be for you.
The monitr™ partner program provides you with the technology and services to perform one time privacy audits and ongoing privacy audits so you can focus on delivering advice and guidance to your clients.
If you are in the EU or UK right now, your clients are either already asking you about the impending cookie laws or they will do so very soon.
We can help you to solve their problems.
Some of the organizations who can benefit from our partner program include:
Advertisers
Digital Campaign Managers
Audience Research Specialists
Behavioural Targeting Companies
Consultants
Enterprise
Privacy
Digital
Associations
Media
Advertising
Ecommerce
Law Firms
Corporate
Government
Independent
Read about UK Cookie Law or enquire about our partner program.
The monitr™ partner program provides you with the technology and services to perform one time privacy audits and ongoing privacy audits so you can focus on delivering advice and guidance to your clients.
If you are in the EU or UK right now, your clients are either already asking you about the impending cookie laws or they will do so very soon.
We can help you to solve their problems.
Some of the organizations who can benefit from our partner program include:
Advertisers
Digital Campaign Managers
Audience Research Specialists
Behavioural Targeting Companies
Consultants
Enterprise
Privacy
Digital
Associations
Media
Advertising
Ecommerce
Law Firms
Corporate
Government
Independent
Read about UK Cookie Law or enquire about our partner program.
Friday, September 16, 2011
ICO Privacy Guides Online Now
The Information Commissioner's Office (ICO) has finally gathered its guidance on electronic privacy laws in one place.
ICO Guide to the Privacy and Electronic Communications Regulations
The UK's data protection watchdog's guidance includes amendments made to the Privacy and Electronic Communications Regulations (PECR) in May. The changes transposed an EU Directive into national law.
The amendments included changes to rules on email marketing and for gaining internet users' consent to 'cookies' – small text files that websites store about users' online activity. It also introduced a requirement for organisations to inform the Information Commissioner's Office (ICO) about all personal data breaches.
The ICO's new centralised guide does not include any updated guidance on how businesses can comply with the new laws on cookies. The issue over how businesses can obtain users' consent to cookies in a non-obtrusive way continues to be heavily debated.
Further reading on this over at Out-Law.com
ICO Guide to the Privacy and Electronic Communications Regulations
The UK's data protection watchdog's guidance includes amendments made to the Privacy and Electronic Communications Regulations (PECR) in May. The changes transposed an EU Directive into national law.
The amendments included changes to rules on email marketing and for gaining internet users' consent to 'cookies' – small text files that websites store about users' online activity. It also introduced a requirement for organisations to inform the Information Commissioner's Office (ICO) about all personal data breaches.
The ICO's new centralised guide does not include any updated guidance on how businesses can comply with the new laws on cookies. The issue over how businesses can obtain users' consent to cookies in a non-obtrusive way continues to be heavily debated.
Further reading on this over at Out-Law.com
Europes New Cookie Rules Webinar
Most website operators across the EU and the UK are starting to become aware of Europe's new cookie laws and the immediate steps they need to comply.
Less talked about are the implications of the new EU and UK cookie laws for US Companies.
If you are interested in a 90 minute webinar exploring just this, then you may want to register for this upcoming webinar on September 21, 2011:
Europe’s New Cookie Rules: The Impact on Online Marketing and Practical Compliance Strategies for U.S. Companies
Sign Up for Webinar
Agenda
Although new regulations in the European Union governing the use of cookies started coming into effect in May, there is still substantial uncertainty about what the new rules require and what practical steps can be taken to comply with them. This webinar will provide an overview of the new rules, a status update on their implementation in national European law and practical strategies for achieving compliance. A special focus will be the impact of the new rules on online marketing.
Among other things, attendees will learn answers to the following questions:
• At a practical level, what do the new rules mean for businesses with an active online presence?
• What steps are companies taking to meet the new requirements?
• What is the likely impact of the new rules on U.S.-based companies?
• How are the requirements likely to evolve over time?
Who should attend and why?
• In-house lawyers and privacy professionals for organizations with sales and marketing activities in Europe
• Lawyers or business executives active in the digital advertising industry
Speakers
Robert Stankey
Davis Wright Tremaine LLP
Bob Stankey advises clients on data protection and privacy law in an international context. A former senior in-house lawyer with several technology and telecom companies, he practiced in London for many years and is a UK-qualified solicitor as well as a US lawyer. Bob helped clients lobby in Brussels on the EU’s revisions to the e-Privacy Directive, which contains the new cookie rules. He earned a J.D., an M.B.A., and a B.A., with distinction, from the University of Virginia.
Adam Shoemaker
Davis Wright Tremaine LLP
Adam Shoemaker is a member of DWT’s privacy and data security practice. He advises clients on compliance with EU data protection laws and online marketing and media issues. He earned a J.D. from Harvard Law School, an M.A. from the University of Iceland, and a B.A. from Williams College.
Sign Up for Webinar
Less talked about are the implications of the new EU and UK cookie laws for US Companies.
If you are interested in a 90 minute webinar exploring just this, then you may want to register for this upcoming webinar on September 21, 2011:
Europe’s New Cookie Rules: The Impact on Online Marketing and Practical Compliance Strategies for U.S. Companies
Sign Up for Webinar
Agenda
Although new regulations in the European Union governing the use of cookies started coming into effect in May, there is still substantial uncertainty about what the new rules require and what practical steps can be taken to comply with them. This webinar will provide an overview of the new rules, a status update on their implementation in national European law and practical strategies for achieving compliance. A special focus will be the impact of the new rules on online marketing.
Among other things, attendees will learn answers to the following questions:
• At a practical level, what do the new rules mean for businesses with an active online presence?
• What steps are companies taking to meet the new requirements?
• What is the likely impact of the new rules on U.S.-based companies?
• How are the requirements likely to evolve over time?
Who should attend and why?
• In-house lawyers and privacy professionals for organizations with sales and marketing activities in Europe
• Lawyers or business executives active in the digital advertising industry
Speakers
Robert Stankey
Davis Wright Tremaine LLP
Bob Stankey advises clients on data protection and privacy law in an international context. A former senior in-house lawyer with several technology and telecom companies, he practiced in London for many years and is a UK-qualified solicitor as well as a US lawyer. Bob helped clients lobby in Brussels on the EU’s revisions to the e-Privacy Directive, which contains the new cookie rules. He earned a J.D., an M.B.A., and a B.A., with distinction, from the University of Virginia.
Adam Shoemaker
Davis Wright Tremaine LLP
Adam Shoemaker is a member of DWT’s privacy and data security practice. He advises clients on compliance with EU data protection laws and online marketing and media issues. He earned a J.D. from Harvard Law School, an M.A. from the University of Iceland, and a B.A. from Williams College.
Sign Up for Webinar
Tuesday, September 13, 2011
Perform a cookie audit advises AOP
Lee Baker from The Association of Online Publishers (AOP) in the UK has advised all its members to perform a cookie audit on all of their websites.
Legislative change, introduced by the revised EU Privacy and Communications Directive, which will be enforced in the UK next year, means that publishers will have to ensure they obtain “consent” from users when collecting, tracking and storing their data.
The boom in publishers collecting, storing and sharing online visitor and customer data for commercial gain has prompted the EU and the UK to institute new data privacy laws requiring consent from online visitors prior to using cookies.
“The AOP advises members to at least have done a cookie audit and know how cookies are being deployed across their sites and how they are harvesting data when the ICO comes knocking next year.” says Lee Baker, AOP Director.
monitr™ is a cookie auditing and monitoring service that performs one time cookie audits and ongoing cookie audits for website operators.
Based on current research provided by AOP members, it has been identified that data, audience profiling and paid-for mobile content will be key for online publishers.
Other key findings:
- Paid content across mobile devices, in particular tablets, are emerging as the primary platforms for paid content. Last year, responses showed that websites would be the main platform.
- Eight in ten publishers have invested in mobile sites, and nine out of ten have mobile-optimised sites
- The top three business opportunities cited for publishers were tablets (94%), adoption of smartphones (92%) and mobile web (81%)
- The top three threats to publishers’ businesses cited were the economy (67%), government and legal restrictions (50%) and the EU privacy directive (48%)
Full Story Here
Legislative change, introduced by the revised EU Privacy and Communications Directive, which will be enforced in the UK next year, means that publishers will have to ensure they obtain “consent” from users when collecting, tracking and storing their data.
The boom in publishers collecting, storing and sharing online visitor and customer data for commercial gain has prompted the EU and the UK to institute new data privacy laws requiring consent from online visitors prior to using cookies.
“The AOP advises members to at least have done a cookie audit and know how cookies are being deployed across their sites and how they are harvesting data when the ICO comes knocking next year.” says Lee Baker, AOP Director.
monitr™ is a cookie auditing and monitoring service that performs one time cookie audits and ongoing cookie audits for website operators.
Based on current research provided by AOP members, it has been identified that data, audience profiling and paid-for mobile content will be key for online publishers.
Other key findings:
- Paid content across mobile devices, in particular tablets, are emerging as the primary platforms for paid content. Last year, responses showed that websites would be the main platform.
- Eight in ten publishers have invested in mobile sites, and nine out of ten have mobile-optimised sites
- The top three business opportunities cited for publishers were tablets (94%), adoption of smartphones (92%) and mobile web (81%)
- The top three threats to publishers’ businesses cited were the economy (67%), government and legal restrictions (50%) and the EU privacy directive (48%)
Full Story Here
Thursday, September 8, 2011
monitr is live and in private beta
Our stake is in the ground. monitr.com is live and in private beta as of today.
monitr™ is a cookie auditing and monitoring service for corporate, government, ecommerce and media organizations.
Cookie auditing and monitoring is fast becoming a business necessity for website owners around the world.
New data privacy legislation in the European Union, United Kingdom and proposed "Do Not Track" policies in the United States means website operators must begin seeking opt-in or opt-out consent from website visitors if they are using cookies or tracking tags.
All of the European media clients who use our real time content trending service www.publishflow.com began asking us about this a few months ago. They wondered if we would we be able to build a cookie auditing and monitoring capability into the publishflow™ service.
We thought long and hard about that and decided that the business opportunity extends well beyond just media websites. It is every website in every industry in the EU and UK right now. And soon to be the US.
Every single website operator needs a cookie audit. Big market, big opportunity to build a cost effective web service to satisfy the coming demand for cookie audits.
So when can you get your own cookie auditing and monitoring account from monitr™?
You can sign up now for your free cookie audit.
Till then, if you are in the UK, start reading about the UK Cookie Law and consider monitr™ as a solution.
monitr™ is a cookie auditing and monitoring service for corporate, government, ecommerce and media organizations.
Cookie auditing and monitoring is fast becoming a business necessity for website owners around the world.
New data privacy legislation in the European Union, United Kingdom and proposed "Do Not Track" policies in the United States means website operators must begin seeking opt-in or opt-out consent from website visitors if they are using cookies or tracking tags.
All of the European media clients who use our real time content trending service www.publishflow.com began asking us about this a few months ago. They wondered if we would we be able to build a cookie auditing and monitoring capability into the publishflow™ service.
We thought long and hard about that and decided that the business opportunity extends well beyond just media websites. It is every website in every industry in the EU and UK right now. And soon to be the US.
Every single website operator needs a cookie audit. Big market, big opportunity to build a cost effective web service to satisfy the coming demand for cookie audits.
So when can you get your own cookie auditing and monitoring account from monitr™?
You can sign up now for your free cookie audit.
Till then, if you are in the UK, start reading about the UK Cookie Law and consider monitr™ as a solution.
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