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Rules on cookies in Italy implementing the E-Cookies Directive in Italy requiring the prior consent from users to the installation of cookies on their PCs were meant to be followed by guidelines from the Italian Data Protection Authority (the “DPA“) identifying the most efficient and practical ways to implement such obligation. For this purpose the DPA has now launched a consultation.
The DPA accompanied the consultation with some FAQs outlining their current position on the obligations deriving from the E-Cookies Directive. In particular, no consent is required when the usage of cookies in Italy is:
- either necessary in order to exploit services requested by users themselves e.g. sessions cookies used only to fill in shopping carts, authentication purposes, flash contents, setting cookies (e.g. on the language selection) provided that such cookies are stored on the users’ PCs for no longer than required and the data collected through them are not used for further purposes;
- or is performed in order to collect aggregate data (e.g. analytics cookies) and provided that users are notified with a privacy note and given the opportunity to opt-out to the usage of the cookies.
Under circumstances other than those listed above, users have to be provided with a privacy note containing all the information required by the Italian Privacy Code, including for instance the circumstance that the collected data will be used for profiling purposes functional to direct marketing activities, and requested to grant a prior consent also through technical dedicated tools.
The consultation on the usage of cookies in Italy will last for 90 days from its publication on the Official Gazette that is expected to occur shortly and, during such term, any interested party can contribute through ideas and solutions aimed at making such obligation less intrusive and burdensome for operators and users.
If you have any question, feel free to contact me, Giulio Coraggio to discuss. Also, if you want to receive my newsletter, please join my LinkedIn Group or my Facebook page. And follow me on Twitter, Google+ and become one of my friends on LinkedIn.
