La ley 'anticookies' cambiará la forma de la publicidad en Red
Pese a que el registro es anónimo, la nueva norma obliga a que el usuario acepte la recogida de datos
スペインにも、反COOKIES法(電脳網での検索の方法や歴史、接続録入や使用法の記録などの個人情報の保護、電脳網の広告に使用されている)が適用され、電脳網の広告業界に大影響
Assembly Bill anticookies' change the way advertising network
Although registration is anonymous, the new standard requires that the user accepts the data collection
Adrian Segovia Madrid 13 ABR 2012 - 17:48 CET
Although registration is anonymous, the new standard requires that the user accepts the data collection
Adrian Segovia Madrid 13 ABR 2012 - 17:48 CET
The law anticookies arrives in Spain. It is an adaptation of the European directive on the use of data from the Internet through these programs that infiltrate the navigation of the Internet. A law much more severe than that which applies in the U.S. and that will force change habits advertising.
A study by research firm Juniper Research in 2005 as the Internet has the cookie associated with many misconceptions. Cookies are not spam, or "Trojans" or "spiders" or popups, contrary to what many still think yet. A cookie is a fingerprint that can track browsing habits, anonymously. However, this desire to emphasize the anonymity of the information obtained from cookies is not enough that the various government entities responsible for the privacy and data protection in different countries allow use freely.
The European Union calls for rules on the use of cookies since 2002, through a directive on privacy in telecommunications. However, not all members had joined the standard, even some had overlooked in their legislation. On 25 November 2009 approved the directive 2009/136/EC of the European Parliament and Council amended the 2002. The deadline to apply was May 25, 2011.
The document specifies that the collection of data through cookies can only be made "on condition that the subscriber or user concerned has given his consent after it has been given clear and comprehensive information, particularly about the purposes of treatment of data ".
Capturing information with cookies can only be made if the subscriber "has given his consent after it has been given clear and complete information"
On March 30, Spain transposed the directive and published in the BOE. And the new text of Article 22.2 on electronic commerce becomes: "Service providers can use storage devices and data recovery in the recipients terminal equipment , provided that they have given their consent after they have provided clear and complete information about its use, in particular, about the purposes of processing data in accordance with the provisions of Law 15/1999 of 13 December on the Protection of Personal Data. When technically feasible and effective, the consent of the recipient to accept the processing of data may be provided by using the appropriate parameters of the browser or other applications, provided that he has to make its configuration during installation or upgrade by action expressly for this purpose. This will not prevent any technical storage or access for the sole purpose technique to establish the transmission of a communication by an electronic communications network or the extent strictly necessary for the provision of a service of the Information Society expressly ".
The difference from the previous standard is abysmal. Any Internet user has the option to block cookies from your browser, but the reality is that only 5% do. Cookies, so rampant in almost all browsers. With the new directive, which must be approved by the Congress of Deputies, before launching the cookie each site must inform the internet of whether or not to accept and explain how they will use the information. Thus, not accepted as expressly authorized the options users have in your hand at any time delete the cookie in your browser.
Neither the EU nor the wording adopted in the Spanish regulation specifies how to obtain consent. In addition, there are many hits on websites whose name is outside the EU borders, which would complicate the implementation of the policy to all the sites for which an Internet connected freely navigate from Europe.
Any Internet user has the option to block cookies from your browser, but only 5% do
The Internet advertising market trembles at the new directive. Since several associations in defense of Internet advertising has been the outcry. IAB Spain, Interactive Advertising Bureau, an association that includes the digital advertising market, has undertaken several actions to protest against the measure and maintain the current noma. In coordination with IAB Europe, have taken actions ranging from the convening of the first Congress of Advertising in Digital Media regulation in March of 2009 to launch the site with the support of the Avanza Plan of the Ministry of Industry, Self and the Spanish Association of Advertisers. In addition, the IAB Spain has held frequent meetings with the Ministry of Industry. The latest initiative was completed with the launch of Your Online Choices, a European site for managing privacy preferences by consumers.
The EU measure, now adapted in Spain, has a direct penalty on the development of Internet advertising and as an immediate consequence, in the media dependent on this investment. On the other hand, provides significant benefits to markets not as severe restrictions on the use of cookies, like the U.S.. The consequences are that could slow industrial development that is experiencing the Internet in Europe in general and Spain in particular, one of the few sectors to still positive levels of employment in a country that has reached historic highs in the unemployment rate.
Another complication is that successive governments of every country lack the appropriate mechanisms to monitor implementation of the directive. First, in the legal texts are not made the necessary specifications for control, monitoring or sanctions, and second, by the very size of the Internet and technology needs that requires the government to actually control each company to launch digital cookies have the consent the millions of people log on daily.
A study by research firm Juniper Research in 2005 as the Internet has the cookie associated with many misconceptions. Cookies are not spam, or "Trojans" or "spiders" or popups, contrary to what many still think yet. A cookie is a fingerprint that can track browsing habits, anonymously. However, this desire to emphasize the anonymity of the information obtained from cookies is not enough that the various government entities responsible for the privacy and data protection in different countries allow use freely.
The European Union calls for rules on the use of cookies since 2002, through a directive on privacy in telecommunications. However, not all members had joined the standard, even some had overlooked in their legislation. On 25 November 2009 approved the directive 2009/136/EC of the European Parliament and Council amended the 2002. The deadline to apply was May 25, 2011.
The document specifies that the collection of data through cookies can only be made "on condition that the subscriber or user concerned has given his consent after it has been given clear and comprehensive information, particularly about the purposes of treatment of data ".
Capturing information with cookies can only be made if the subscriber "has given his consent after it has been given clear and complete information"
On March 30, Spain transposed the directive and published in the BOE. And the new text of Article 22.2 on electronic commerce becomes: "Service providers can use storage devices and data recovery in the recipients terminal equipment , provided that they have given their consent after they have provided clear and complete information about its use, in particular, about the purposes of processing data in accordance with the provisions of Law 15/1999 of 13 December on the Protection of Personal Data. When technically feasible and effective, the consent of the recipient to accept the processing of data may be provided by using the appropriate parameters of the browser or other applications, provided that he has to make its configuration during installation or upgrade by action expressly for this purpose. This will not prevent any technical storage or access for the sole purpose technique to establish the transmission of a communication by an electronic communications network or the extent strictly necessary for the provision of a service of the Information Society expressly ".
The difference from the previous standard is abysmal. Any Internet user has the option to block cookies from your browser, but the reality is that only 5% do. Cookies, so rampant in almost all browsers. With the new directive, which must be approved by the Congress of Deputies, before launching the cookie each site must inform the internet of whether or not to accept and explain how they will use the information. Thus, not accepted as expressly authorized the options users have in your hand at any time delete the cookie in your browser.
Neither the EU nor the wording adopted in the Spanish regulation specifies how to obtain consent. In addition, there are many hits on websites whose name is outside the EU borders, which would complicate the implementation of the policy to all the sites for which an Internet connected freely navigate from Europe.
Any Internet user has the option to block cookies from your browser, but only 5% do
The Internet advertising market trembles at the new directive. Since several associations in defense of Internet advertising has been the outcry. IAB Spain, Interactive Advertising Bureau, an association that includes the digital advertising market, has undertaken several actions to protest against the measure and maintain the current noma. In coordination with IAB Europe, have taken actions ranging from the convening of the first Congress of Advertising in Digital Media regulation in March of 2009 to launch the site with the support of the Avanza Plan of the Ministry of Industry, Self and the Spanish Association of Advertisers. In addition, the IAB Spain has held frequent meetings with the Ministry of Industry. The latest initiative was completed with the launch of Your Online Choices, a European site for managing privacy preferences by consumers.
The EU measure, now adapted in Spain, has a direct penalty on the development of Internet advertising and as an immediate consequence, in the media dependent on this investment. On the other hand, provides significant benefits to markets not as severe restrictions on the use of cookies, like the U.S.. The consequences are that could slow industrial development that is experiencing the Internet in Europe in general and Spain in particular, one of the few sectors to still positive levels of employment in a country that has reached historic highs in the unemployment rate.
Another complication is that successive governments of every country lack the appropriate mechanisms to monitor implementation of the directive. First, in the legal texts are not made the necessary specifications for control, monitoring or sanctions, and second, by the very size of the Internet and technology needs that requires the government to actually control each company to launch digital cookies have the consent the millions of people log on daily.
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