FAQ of the Privacy Guarantor of the Italian Republic
Frequently asked questions
1. What are cookies?
The Cookies are small text files that sites visited by users send to their terminals, where they are stored to be later retransmitted to the same sites on the next visit. The cookies of the c.d. “Third parties” are, however, set by a website other than what the user is visiting. This is because on every site they can be present elements (images, maps, sounds, specific links to web pages of other domains, etc.) that reside on servers other than that of the visited site.
2. What are cookies used for?
The cookies are used for different purposes: to perform authentication information technology, session monitoring, information storage on specific configurations concerning the users who access the server, storage of preferences, etc.
3. What are “technical” cookies?
I’m cookies that are used to browse or provide a service requested by the user. They are not used for any purpose further and are normally installed directly by the owner of the website.
Without the use of these cookies, some operations will not could be accomplished or would be more complex and / or less secure, such as home banking activities (viewing account statements, bank transfers, bill payment, etc.), for such as cookies, which allow you to make and maintain the identification of the user within the session, result indispensable.
4. Are analytics cookies “technical” cookies?
No. The Guarantor (cfr. provision of 8 May 2014) has specified that they can be assimilated to technical cookies only if used for site optimization purposes directly from owner of the site itself, who can collect information in the form aggregated on the number of users and how they visit the site. To these conditions, the same rules apply to analytics cookies, in subject of information and consent, provided for technical cookies.
5. What are “profiling” cookies?
I’m the cookies used to track the user’s navigation on the network e create profiles on his tastes, habits, choices, etc. With these cookies advertising messages can be transmitted to the user’s terminal in line with the preferences already expressed by the same user in the online browsing.
6. Is the user’s consent required for the installation of cookies on his terminal?
It depends on the purposes for which the cookies are used and, therefore, if they are “technical” or “profiling” cookies.
For the installation of technical cookies does not require the consent of users, while it is necessary to provide the information (art. 13 of the Code privacy). Profiling cookies, on the other hand, can be installed on the user’s terminal only if he has expressed his own consent after being informed in a simplified manner.
As established by the Guarantor in the provision indicated in question no. 4, the information must be set on two levels.
8. How should the banner be made?
The banner must be large enough to partially cover the content of the web page that the user is visiting. It must be able to be eliminated only through an active intervention of the user, ie through the selection of an element contained in the page below.
9. What information must the banner contain?
The banner must specify that the site uses profiling cookies, possibly also of “third parties”, which allow you to send messages advertising in line with user preferences.
Needs to contain the link to the extended information and the indication that, through that link, you can deny consent to the installation of any cookie.
10. How can the acquisition of consent made through the use of the banner be documented?
For keep track of the consent acquired, the site owner can use a special technical cookie, not particularly system invasive and does not require further consent.
In presence of such “documentation”, it is not necessary that the information short is repeated on the user’s second visit to the site, firm remaining the possibility for the latter to deny consent and/or modify, at any time and easily, your options, eg example by accessing the extended information, which must therefore be linkable from every page of the site.
No. The owners of the sites always have the possibility to resort to modalities different from that identified by the Guarantor in the above provision indicated, provided that the methods chosen meet all the requirements of validity of the consent required by law.
12. Does the obligation to use the banner also affect the owners of sites that use only technical cookies?
13. What should the “extended” information indicate?
Needs to contain all the elements required by law, describe analytically the characteristics and purposes of the cookies installed from the site and allow the user to select / deselect individuals cookie.
It must include the updated link to the information and to the consent forms of third parties with which the owner has entered into agreements for the installation of cookies through its website.
Needs to finally, recall the possibility for the user to express the your cookie options also through your browser settings used.
The owner of the website who installs profiling cookies.
For third-party cookies installed through the site, the obligations of information and consent weigh on third parties, but the owner of the site, as a technical intermediary between them and the users, is required to insert in the “extended” information the updated links to the information e to the consent forms of the third parties themselves.
The profiling cookies, which usually persist over time, are subject to the notification obligation, while the cookies they have different purposes and that fall into the category of technical cookies, not must be notified to the Guarantor.
16. When do the measures prescribed by the Guarantor come into force with the provision of 8 May 2014?
The Guarantor has provided for a transitional period of one year starting from publication of the provision in the Official Gazette to allow the interested parties to comply. This period will end on 2 June 2015.