Failure by the User to provide certain Personal Data may prevent this Application from providing its services.
The User assumes responsibility for the Personal Data of third parties published or shared through this Application and guarantees that he or she has the right to communicate or disseminate them, freeing the Owner from any liability towards third parties.
Cookies are lines of text contained in small files sent from a web server (typically, a website) to a web client, typically a web browser used for online browsing from a fixed or mobile location.
Cookies, therefore, when a site is trusted, can help improve navigation by allowing the site to collect useful information about the user’s preferences. They improve navigation when, for example, if we fill out a form with our favorite news, a server can transform this information into a cookie, which can be sent to our browser; the first time we contact this site, a cookie will be sent to our browser, allowing the server to upload the news to the page, to meet our needs.
A. Technical cookies.
Technical cookies are those used for the sole purpose of “carrying out the transmission of a communication over an electronic communication network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or user to provide such service” (see art. 122, paragraph 1, of the Code).
They are not used for further purposes and are normally installed directly by the owner or operator of the website. They can be divided into navigation or session cookies, which guarantee the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate to access reserved areas); analytics cookies, similar to technical cookies when used directly by the site operator to collect information, in aggregate form, on the number of users and how they visit the site itself; functionality cookies, which allow the user to navigate according to a series of selected criteria (for example, language, products selected for purchase) in order to improve the service provided to the same.
The installation of such cookies does not require the prior consent of the users, while the obligation to provide the information pursuant to art. 13 of the Code, which the operator of the site, if it uses only such devices, may provide in the manner it deems most appropriate.
B. Profiling cookies
Profiling cookies are designed to create profiles related to the user and are used to send advertising messages in line with the preferences expressed by the user when surfing the web. Due to the particular invasiveness that such devices may have within the privacy of users, European and Italian legislation provides that the user must be adequately informed about their use and thus express their valid consent.
Article 122 of the Code refers to them where it provides that ‘the storage of information in the terminal equipment of a contractor or user or access to information already stored is permitted only on condition that the contractor or user has given his consent after having been informed in the simplified manner referred to in Article 13(3)’ (Article 122(1) of the Code).
2. Parties involved: publishers and “third parties”.
A further element to be considered, for the purposes of the correct definition of the subject under examination, is the subjective one. That is, it is necessary to take into account the different subject that installs cookies on the user’s terminal, depending on whether it is the same operator of the site that the user is visiting (which can be briefly referred to as “publisher”) or a different site that installs cookies through the first (so-called “third parties”).
On the basis of what emerged from the public consultation, it is considered necessary that this distinction between the two subjects indicated above be taken into due account also in order to correctly identify their respective roles and responsibilities, with reference to the release of the information and the acquisition of the consent of online users.
There are many reasons why it is not possible for the publisher to be obliged to provide the information and acquire consent to the installation of cookies on its website even for those installed by “third parties”.
Third party cookies may, over time, be modified by third party suppliers and it would be impractical to ask publishers to keep track of these subsequent modifications.
It should also be borne in mind that publishers, which also include individuals and small businesses, are often the “weakest” part of the relationship. Where, on the other hand, third parties are usually large companies with considerable economic weight, they normally serve a plurality of publishers and may be very numerous compared to the individual publisher.
It is therefore considered that, also due to the reasons indicated above, the publisher cannot be obliged to include on the home page of its site the text of the information relating to cookies installed through it by third parties. This would, however, lead to a general lack of clarity in the information issued by the publisher, making it extremely difficult for the user to read the document and therefore to understand the information contained therein, thereby also frustrating the simplification intent provided for by art. 122 of the Code.
Similarly, with regard to the acquisition of consent for profiling cookies, since the respective positions of publishers and third parties must necessarily be kept separate for the above reasons, it is believed that publishers, with whom users establish a direct relationship through access to the relevant site, necessarily assume a dual role.
These subjects, in fact, on the one hand, are the data controllers of the cookies installed directly from their own site; on the other hand, since they cannot be considered as partners with third parties for the cookies that they install through them, it is considered correct to consider them as a sort of technical intermediary between them and the users. And it is, therefore, in this capacity that, as will be seen below, they are called to operate in this resolution, with reference to the release of the information and the acquisition of consent of online users with regard to third party cookies.