Websites and apps must always comply with certain requirements imposed by law. Failure to comply with the legal requirements can result in serious penalties including substantial fines, audits and potential litigation.
For this reason, I have chosen to rely on iubenda, a company built on both legal and technical expertise, that specializes in this sector. Together with iubenda, of which I am a Certified Partner, I have developed a proposal to offer all my customers a simple and safe solution to their compliance needs.
Overview of the main legal requirements for websites and apps owners
The law obliges each site/app that collects personal data to disclose relevant details to users via dedicated privacy and cookie notices.
Privacy policies must contain certain fundamental elements specific to your particular processing activities, including:
- the contact and identifying details of the data controller;
- which personal data is being processed;
- the purposes and methods of processing;
- the legal bases of processing (e.g. consent);
- the third parties that may also access the data — this includes any third-party tools (e.g. Google Analytics);
- details relating to the transfer of data outside the European Union (where it applies);
- the rights of the user;
Can’t we use a generic document?
It’s not possible to use generic documents as your policy must describe in detail the specific data processing carried out by your site/app, and must also include the particular details of any third-party technologies (e.g. Facebook Like buttons or Google Maps) specifically used by you.
What if my site does not process any data?
Furthermore, many third-party vendor networks may limit ad reach if you do not have a cookie management system that meets industry standards in place — potentially reducing your ability to generate ad revenue.
What is a cookie?
Where your user may need to directly enter personal data on the site/app, for example by filling in a contact form, service registration or newsletter subscription, it is necessary to collect consent that is freely given, specific and informed. It’s also necessary to keep unambiguous records that allow you to demonstrate that valid consent was collected.
What is free, specific and informed consent?
You must obtain consent for each specific processing purpose – for example, a consent to send newsletters and another consent to send promotional material on behalf of third parties. Consent may be requested by setting up one or more checkboxes that are not pre-selected, not mandatory or coerced (freely given) and accompanied by relevant disclosures that make it clear to the user how his or her data will be used.
How can proof of valid consent be demonstrated unambiguously?
Is the email I receive from the user as a result of filling out a form not sufficient as proof of consent?
Unfortunately, it is not sufficient, as some information necessary to reconstruct the suitability of the procedure for collecting consent is missing, such as a copy of the form actually completed by the user and the version of the privacy documents available to the user at the time the consent was collected.
How we can help you using iubenda’s solutions
Thanks to my partnership with iubenda, I can help you configure everything you need to make your site/app compliant. iubenda is in fact the simplest, most complete and professional solution to comply with regulations.
The iubenda Cookie Solution is a comprehensive solution to meet Cookie Law and third-party requirements by facilitating the display of a cookie banner at each user’s first visit, the preventive blocking of the profiling cookies and the collection of users’ consent to the installation of cookies.
iubenda’s Consent Solution allows the collection and storage of an unambiguous proof of consent whenever a user fills out a form – such as a contact form or newsletter subscription – on your website or app.
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