25 Maggio 2020
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Cookie utilizzati da questo sito e loro finalità.
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The website can use them in your original software or for inclusion of content and third-party code.
By using this site, you agree to have cookies in accordance with this Cookies Policy.

A cookie is a small text file (format usually letters and numbers) or image that is stored in the browser or the device used for navigation, when you visit a website or display a message.
Cookies enable a website also to recognize a particular device or browser.
Like most websites, we use data file small that are saved on your browser to record preferences or data access or interact with our site.

We use cookies to allow better navigation, knowing your choices or browsing preferences can avoid repeatedly ask the same data in the navigation.
Cookies are also used to optimize the performance of your website, make it both faster processes purchase items such research in archives and catalogs.

There are several types of cookies
- Session cookies expire at the end of the browser session and allow you to connect your actions during that specific session.
- Persistent cookies are instead stored in your device even after the end of the session of the browser and allow you to remember your preferences or actions at multiple sites.
- Party cookies are set by the site you´re visiting.
- The third-party cookies are set by a third party site than the site you are visiting.
The site can use all kinds of cookies listed above and other types of cookies that may be developed after completion of this statement.

Certain functions of the site are available only through the use of these technologies. You can always block them, delete them or turn them off if your browser permits.
If turned off, we can not guarantee the proper functioning of the website.

Cookies can be disabled or removed using the tools available in most browsers.
The cookie preferences must be set separately for each browser, because each offers features and specific options.

Identification of simplified procedures for l´informativa acquisition of consent for the use of cookies - May 8, 2014
(Published in the Official Gazette no. 126 of June 3, 2014)

Record of the action
n. 229 of 8 May 2014


Convened today in the presence of Dr. Antonello Soro, President, Dr Augusta Iannini, vice president, Dr Giovanna Bianchi Clerici and Prof. Licia Califano, and Mr.. Giuseppe Busia, secretary general;

HAVING REGARD TO Directive 2002/58 / EC of 12 July 2002, the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector;

HAVING REGARD TO Directive 2009/136 / EC of 25 November 2009, the European Parliament and of the Council amending Directive 2002/22 / EC on universal service and users´ rights relating to networks and electronic communications services, the Directive 2002/58 / EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No. No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection;

GIVEN the Legislative Decree 28 May 2012, n. 69 "Amendments to the Decree of 30 June 2003, n. 196, law on the protection of personal data in application of Directives 2009/136 / EC, concerning the processing of personal data and protection of privacy in the electronic communications sector , and 2009/140 / EC on electronic communications networks and services and Regulation (EC) no. 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection "(published in the Official Gazette May 31, 2012 n. 126);

CONSIDERING the Code regarding the protection of personal data (legislative decree of 30 June 2003, no. 196, the "Code") and, in particular, Articles. 13, paragraph 3 and 122, paragraph 1;

GIVEN the previous resolution of the Guarantor entitled "Starting a public consultation in accordance with art. 122 in order to identify simplified methods for l´informativa in art. 13, paragraph 3, of the Code for the protection of personal data" (Del. n. 359 of 22 November 2012, in the Official Gazette of December 19, 2012 n. 295);

IN VIEW of the information provided on the subject by the Working Group for the protection of personal data ex art. 29, in particular in Opinion 04/2012 on Cookie Consent Exemption, adopted on 7 June 2012, and in the Working Document 02/2013 providing guidance on Obtaining consent for cookies, adopted 2 October 2013 (available respectively to link http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2012/wp194_en.pdf and http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2013/wp208_en.pdf);

TAKING INTO ACCOUNT the results of the contributions received by the Guarantor from the main suppliers of electronic communications services, as well as by consumer associations and economic categories involved who participated in the aforementioned public consultation;

CONSIDERING the additional issues raised at meetings held in September 2013 and February 2014 at l´Autorità, within the working group initiated by the same in order to call for a new and more direct comparison with the above-mentioned subjects, as well as with representatives of the academia and research dealing with issues of interest;

It DEEMED necessary to adopt, in accordance with the provisions of Articles. 13, paragraph 3, 122, paragraph 1 and 154, paragraph 1, lett. c) of the Code, a general measure, with which in addition to identifying the simplified arrangements to make l´informativa online users on archiving cd cookies on their terminals by the visited websites is meant to provide guidance on appropriate ways in which to proceed to the acquisition of the consent of the same, where required by law;

CONSIDERING that the rules governing the use of cd Cookies also covers other similar tools (such as web beacons / web bugs, clear GIFs or other), which allow l´identificazione user or terminal and thus should be included under this measure;

HAVING REGARD to the considerations made by the Secretary General pursuant to Section. 15 of Regulation No. 1/2000;

SPEAKER Dr. Antonello Soro;


1. Preliminary considerations.

Cookies are small text strings that the sites visited by the user to send his terminal (usually the browser), where they are stored before being re-transmitted to the same sites at the next visit to the same user. During the navigation of a site, the user can get on to their terminals even cookies that are sent to different sites or web server (so-called "third party"), on which they may reside some elements (such as, for example, images, maps, sounds, links to specific pages in other domains) on the same site that are visiting.

Cookies, usually found in the users browser in very large number and sometimes with characteristics of large persistence time, are used for different purposes: execution of authentication information, monitoring sessions, storing information about specific configurations about users who access server, etc.

In order to reach a proper regulation of these devices, it is necessary to distinguish that place there are the technical characteristics that differentiate them from each other right on the basis of the objectives pursued by those who use them. In this direction it is moved, however, the legislature, which, in implementation of the provisions of Directive 2009/136 / EC, has brought the obligation to obtain the prior informed consent of users to have cookies used for purposes other than purely technical (cfr. art. 1, paragraph 5, letter. a) of the d. lgs. May 28, 2012, n. 69, which amended l´art. 122 of the Code).

In this regard, and for the purposes of this provision, it therefore identifies two main categories: cookie "technical" and cookies "profiling".

a. Cookie technicians.

Cookies technicians are those used for the sole purpose of "carrying out the transmission of a communication over an electronic communications network, or as strictly necessary for the provider of an information society service explicitly requested by the subscriber or user to provide this service "(cfr. art. 122, paragraph 1, of the Code).

They are not used for other purposes and are usually installed by the owner or operator of the website. Can be divided into cookies or browsing session, which guarantee the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate for access to restricted areas); analytics cookies, similar to cookies where technicians used directly by the site operator to collect information, in aggregate, the number of users and how they visit the site; cookie functionality, which allow the user browsing function of a set of selected criteria (for example, the language, the products selected for the purchase) in order to improve the service rendered to the same.

For the installation of these cookies you are not required the prior consent of the user, while still remains the obligation of giving l´informativa pursuant to art. 13 of the Code, the operator of the site, if you use only such devices may provide in the manner it deems most appropriate.

b. Cookie profiling.

Cookies profiling are aimed at creating profiles user and are used in order to send advertising messages in line with the preferences shown by the same part of surfing the net. Given the considerable invasiveness that such devices may be part of the private sphere of the users, the European and Italian legislation requires that the user should be adequately informed on the use of the same and express their valid consent.

They refers l´art. 122 of the Code provides that where "l´archiviazione of the information in the terminal equipment of a contractor or a user or access to information already stored, are only allowed on condition that the contractor or the user has given his consent after being informed with the simplified arrangements provided for in Article 13, paragraph 3 "(art. 122, paragraph 1, of the Code).

2. Parties involved: publishers and "third party".

Another item to consider, for the correct definition of the matter under consideration, is subjective. It must, that is, take into account the different subject that installs cookies on the user´s terminal, depending on whether it is the same site manager that the user is visiting (which can be briefly referred to as "publisher") or site other than that installs cookies through the first (called "third parties").

Based on the findings of the public consultation, it is considered necessary that this distinction between the two aforementioned individuals is taken into due account in order to correctly identify the respective roles and responsibilities, in relation to the release of the information and DISTRIBUTORS obtaining the consent of the users online.

There are many reasons why it is not possible to put the editor in chief of the obligation to provide The information is to obtain the consent to the installation of cookies on its website for those set up by "third parties".
First, the editor should always have the tools and the ability economics and law to assume the obligations of third parties and should therefore also be able to verify each time the correspondence between the statements by third parties and the purposes they really pursued with the use of cookies. This is made very difficult by the fact that the editor often do not know directly all third-party cookies that install through its website and, therefore, even the logic underlying the relative treatments. Also, often between the editor and third parties stand in the way persons who perform the role of dealers, resulting in fact very complex for the editor and control the activities of all involved.

Cookies third parties may then be modified by third party providers over time and would be impractical to ask publishers to also keep track of these changes later.

It should also take account of the fact that often the publishers, which include individuals and small businesses, are the most "weak" relationship. Instead, when the third party are usually large companies are characterized by considerable economic weight, normally serve a number of publishers and can be compared to the individual publisher, also very numerous.

It is therefore considered that, also because of the reasons listed above, you can force the editor to include on the home page of its website also the text of the information relating to cookies installed through it by third parties. This would lead, however, a general lack of clarity of the information released by the publisher, while making extremely tiring for the user to read the document and therefore the understanding of the information contained therein, thereby also undermining the intention of simplification provided for by ´art. 122 of the Code.

Similarly, with regard to the acquisition of consent for cookies profiling, having necessarily -for these reasons distinguishing between the respective positions of publishers and third parties, it is believed that publishers, with which users establish a direct relationship with The access to its website, necessarily assume a dual role.

These subjects, in fact, on the one hand are data controllers as cookies installed directly from your site; on the other, can not discerned a co-ownership with the third-party cookies that install themselves through them, it is considered proper to consider them as a kind of technical intermediaries between them and the users. And they are, therefore, in that capacity, as will be seen below, are called to work in this resolution, with reference to the release of the information and the acquisition of the online users´ consent with regard to third-party cookies.

3. Impact of the rules governing the cookie on the network.

Cookies have several important functions in the network. Any decision on the modalities of information and consent online, covering virtually anyone with an Internet site, will have a tremendous impact on a huge number of subjects, which are also, as has been said, the nature and characteristics very different from each other.

The Ombudsman is aware of the scope of this decision, therefore considers it necessary that the measures prescribed in the same • Under the provisions of art. 122, paragraph 1, of the Code are, firstly, that allow users to express choices really aware installation of cookies by manifestation of a specific and express consent (according to art. 23 of the Code) and, on the other hand, present the least possible impact in terms of interruption of the navigation of such users and use, on their part, IT services.

These conflicting requirements, it became clear even during the consultation and public meetings held by the Authority, it is taken into account in the first place in determining the manner in which make l´informativa in simplified form.

It is also the belief of the Guarantor that the two issues, the information and consent, should be necessarily treated jointly in order to prevent the use of modes of expression of consent online operations requiring excessively complex by users jeopardize the simplification achieved in ´informativa.

4. L´informativa with simplified modalities and acquisition of consent online.

For the purpose of simplification of the information, it is believed that an effective solution, which is subject to the requirements of Article. 13 of the Code (including a description of each cookie), is to set the same on two successive levels of detail.

When the user accesses a website, must be submitted to him a first information "short", contained in a banner on the home page pop-immediate (or other page through which the user can access the site), integrated from disclosure "extended", which is accessed by the user through a clickable link.

So the simplification is effective, it is considered necessary that the request for consent to the use of cookies is inserted right in the banner containing l´informativa short. Users who wish to have more detailed information and differentiate their choices on the different cookies stored by the site visited, can access other site pages, containing, in addition to the text of the information extended, the opportunity to express choices specifications.

4.1. The banner contains brief information and consent solicitation.

More precisely, when you access the home page (or any other page) of a website, you must immediately appear in the foreground a banner of suitable size that is large enough to provide a noticeable discontinuity through the contents of the webpage you are visiting with the following information:

a) that the site uses cookies profiling in order to send advertising messages in line with the preferences expressed by the user in the field of web browsing;

b) that the site also allows dispatch of cookie "third parties" (where this happens of course);

c) the link to the information extended, where provides guidance on the use of cookies and technical analytics, you are given the opportunity to choose which specific cookie authorize;

d) the indication that the information on extended you can opt out of any cookie installation;

e) the indication that the continuation of the navigation through access to another area of ​​the site or selecting an item of the same (for example, an image or a link) involves the provision of consent to the use of cookies.

The aforementioned banner, as well as having to make large enough to accommodate l´informativa, albeit brief, must be an integral part of positive action which is embodied in the manifestation of consent. In other words, it must determine a discontinuity, albeit minimal, of the navigation experience: overcoming the presence of the banner to the video must be possible only through active intervention of the user (in fact through the selection of an element in the page below the same banner).

This is without prejudice of course the opportunity for publishers to use methods other than that described for the acquisition of the consent to the use of cookies online users, provided that such arrangements ensure compliance with the provisions of art. 23, paragraph 3, of the Code.

In accordance with the general principles, it is necessary in any case of services provided that the consent is tracked by the editor, who may for this purpose use a suitable cookie technical system that does not seem particularly invasive (to that effect, see also recital 25 of Directive 2002/58 / EC).

The presence of this "documentation" of the choices the user then allows the publisher to not repeat l´informativa short second visit to the same user on the same site, of course without prejudice to the possibility for the user to deny the consent and / or change, at any time and in an easy manner, their options regarding the use of cookies by the site, for example, through access to the information extended, that should be linkable from each page.

4.2. L´informativa extended.

L´informativa extended must contain all the elements required by art. 13 of the Code, describing specifically and analytical features and purposes of cookies installed by the site and allow the user to select / deselect individual cookies. It must be accessible through a link included in the informative brief, as well as through a reference of each page of the site, located at the bottom of it.

Within this disclosure, it must also enter the current link to information and consent forms of third parties with whom the publisher has signed agreements for the installation of cookies through its website. If the editor has indirect contact with the third party, it will link the sites of persons who act as intermediaries between him and the same third party. It is not excluded that l´eventualità such links with the third party is collected within a single website operated by someone other than the editor, as in the case of dealers.

In order to maintain the distinct responsibilities of publishers from that of the third party in relation to the information made and the consensus acquired for cookies latter through its website, it is considered necessary that the publishers themselves acquire, already under contract, the abovementioned link from third parties (meaning also the same dealers).

In the same space of the information it must be called extended the possibility for the user (which also refers l´art. 122, paragraph 2, of the Code) to express their options regarding the use of cookies by Site even through the browser settings, indicating at least the steps you need to configure these settings. If, then, the technology used by the site is consistent with the version of the browser used by the user, the editor will prepare a direct connection with the section devoted to the settings of the browser itself.

5. Notification of the treatment.

Remember that the use of cookies is one of the treatments to be notified to the Guarantor pursuant to art. 37, paragraph 1, lett. d) of the Code, where the aim is to "define the profile or personality, or to analyze habits or consumption choices, or monitoring The use of electronic communications services with the exception of the treatments technically needed to provide services to users. "

The use of cookies is, however, from the obligation of notification on the basis of the provisions of the ruling dated 31 March 2004, which specifically included among the treatments exempt from the aforementioned obligation, those "related to the use of markers electronic or similar equipment are installed or stored temporarily, and not persistent, the apparatus at a user´s terminal, consisting of the single transmission of session identification in accordance with the applicable regulations, the sole purpose of facilitating The access to the contents of an Internet site "(resolution no. 1 of 31 March 2004, published in Official Gazette of 6 April 2004 n. 81).

From the above scenario, it appears therefore that while the cookie profiling, which have characteristics of permanence in time, are subject to the notification, the cookies instead have different purposes and which fall within the category of technical cookies, which They are also similar cookies analytics (v. point 1, lett. a) of this provision), should not be notified to the Guarantor.

6. Time adjustment.

As mentioned previously, the Guarantor is aware of the impact, including economic, that will discipline the cookie on the sector of information society services and, therefore, that the implementation of the necessary measures to implement the This measure will require substantial efforts, also in terms of time.

For this reason, it is considered appropriate to provide for a transitional period of one year from the publication of this decision in the Official Gazette to enable stakeholders in this decision to be able to use simplified procedures identified therein.

7. Consequences of failure to comply with rules on cookies.

Remember that in the event of failure to give information or inappropriate, ie which does not have all the items shown, as well as the provisions of art. 13 of the Code, in this provision, there is the administrative sanction for payment of a sum of six thousand to thirty-six thousand euro (art. 161 of the Code).

The installation of cookies on users´ terminals without the prior consent of the same acts, however, the sanction of the payment of a sum of ten thousand to one hundred and twenty thousand euro (Art. 162, paragraph 2-bis, of the Code).

L´omessa or incomplete notification to the Guarantor, finally, under the provisions of art. 37, paragraph 1, lett. d) of the Code, it is punished with the payment of a sum of twenty thousand to one hundred and twenty thousand euro (art. 163 of the Code).

These things work WHEREAS THE SPONSOR

1. pursuant to articles. 122, paragraph 1 and 154, paragraph 1, lett. h) of the Code -ai the detection of the simplified procedures for l´informativa that operators of websites, as further specified in the introduction, they are required to provide users with regard to cookies and other devices installed by or on the through its website it states that when you access the home page (or any other page) of a website, must immediately appear in the foreground a banner of appropriate size with the following information:

a) that the site uses cookies profiling in order to send advertising messages in line with the preferences expressed by the user in the field of web browsing;

b) that the site also allows dispatch of cookie "third parties" (where this happens of course);

c) the link to the information extended, which must contain the following additional information regarding:

• use of cookies technical and analytics;

• option to choose which specific cookie authorize;

• possibility for the user to express their options regarding the use of cookies by the website through the browser settings, indicating at least the steps you need to configure these settings;

d) the indication that the information on extended you can opt out of any cookie installation;

e) the indication that the continuation of the navigation through access to another area of ​​the site or selecting an item of the same (for example, an image or a link) involves the provision of consent to the use of cookies;

2. pursuant to art. 154, paragraph 1, lett. c) of the Code for the purpose of maintaining the distinct responsibilities of website operators, as further specified in motivation, from that of third-party orders the same managers to acquire already under contract connections (links) to web pages containing information and modules for the acquisition of its consent to the cookies of third parties (meaning also dealers).

Is that a copy of this decision be forwarded to the Ministry of Justice for its publication in the Official Gazette of the Italian Republic by the Office publication laws and decrees.

Rome, May 8, 2014




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