1. What are cookies?
Cookies are small text files that the sites visited by users send to their terminals, where they are stored before being re-transmitted to the same sites on the next visit. Cookies of the c.d. “third parties” are, however, set by a website other than the one the user is visiting. This is because on each site there may be elements (images, maps, sounds, specific links to web pages of other domains, etc.) that reside on servers other than the site visited.
2. What cookies are for?
Cookies are used for different purposes: execution of computer authentication, monitoring of sessions, storage of information on specific configurations regarding users accessing the server, storing preferences, etc.
3. What are “technical” cookies?
These cookies are used to make browsing or provide a service requested by the user. They are not used for other purposes and are normally installed directly by the owner of the website.
Without the use of these cookies, some operations could not be carried out or would be more complex and / or less secure, such as the home banking activities (display of the statement, bank transfers, bill payment, etc.), for which cookies, which allow us to maintain and maintain the user’s identification during the session, are indispensable.
4. Analytics cookies are “technical” cookies?
No. The Guarantor (see provision of 8 May 2014) has specified that they can be assimilated to technical cookies only if used for the purpose of optimizing the site directly from the owner of the site, which can collect information in aggregate form on the number of users and how they visit the site. Under these conditions, the same rules apply to analytics cookies, in terms of information and consent, provided for technical cookies.
5. What are “profiling” cookies?
These are the cookies used to track the user’s browsing on the web and 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 navigation.
6. Is the user’s consent required for the installation of cookies on his terminal?
It depends on the purposes for which cookies are used and, therefore, if they are “technical” or “profiling” cookies”.
For the installation of technical cookies, user consent is not required, while it is necessary to provide information (article 13 of the Privacy Code). Profiling cookies, on the other hand, can only be installed on the user’s terminal if they have given their consent after being informed in a simplified manner.
7. How should the site owner provide the simplified information and request consent to the use of profiling cookies?
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 created?
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, that is through the selection of an element contained in the page below.
9. Which indications must the banner contain?
The banner must specify that the site uses profiling cookies, possibly also “third parties”, which allow you to send advertising messages in line with the user’s preferences.
It must contain the link to the extended information and the indication that, through that link, it is possible to refuse consent to the installation of any cookie.
10. How can the acquisition of consent through the use of the banner be documented?
To keep track of the acquired consent, the site owner can make use of a specific technical cookie, a system that is not particularly invasive and that does not require further consent.
In the presence of such “documentation”, it is not necessary that the brief information is re-proposed at the second visit of the user on the site, without prejudice to the possibility for the latter to deny consent and / or modify, at any time and in a manner easy, their options, for example through access to the extended information, which must then be linkable from each page of the site.
No. The owners of the sites always have the possibility to resort to different methods from the one identified by the Guarantor in the above-mentioned provision, provided that the chosen methods present all the validity requirements of the consent required by law.
12. The obligation to use the banner also weighs on the owners of sites that use only technical cookies?
13. What should the “extended” information indicate?
It must contain all the elements required by law, analytically describe the characteristics and purposes of cookies installed by the site and allow the user to select / deselect individual cookies.
It must include the updated link to the information and consent forms of the third parties with which the owner has entered into agreements for the installation of cookies through their site.
Finally, it must recall the possibility for the user to express his options on cookies also through the settings of the browser used.
The owner of the website that installs profiling cookies.
For third-party cookies installed through the site, the obligations of disclosure and consent weigh on third parties, but the site owner, as a technical intermediary between these and users, is required to include in the “extended” information the updated links to the information and consent forms of the third parties themselves.
Profiling cookies, which usually persist over time, are subject to the notification obligation, while cookies that have different purposes and fall within the category of technical cookies, should not be notified to the Guarantor.