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, we 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 we are Certified Partners, we have developed a proposal to offer all our customers a simple and safe solution to their compliance needs.
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:
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 our partnership with iubenda, we 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.