1. The e-Privacy Directive & Performance Marketing Andrew Tibber Senior Associate http://www.linkedin.com/in/andrewtibber @atibber

5. Legal framework

27. 1 2 3

29. Possible models for informed consent

30. “… browsers today have not harmonized the range of cookie controls in such a way as to send one clear, standardized signal to businesses that can be used as a proxy to meet compliance and respect consumer demands … realistically it’s going to be months, if not longer, to achieve clarity at a technical level. Then there’s the question of getting users to adopt new versions of browsers with enhanced controls to further support user requirements and ease compliance efforts in this area. It’s my view that site owners and third parties need to focus on improving privacy notices and statements that inform consumers of their cookie and tracking practices. In addition, any parties engaged in tracking consumers in the EU need to address compliance as if no new browser controls emerge.” (Alex Fowler, Global Policy and Privacy Leader, Mozilla (Firefox), May 2011) Possible models for informed consent

40. This presentation gives general information only and is not intended to be an exhaustive statement of the law. Although we have taken care over the information, you should not rely on it as legal advice. We do not accept any liability to anyone who does rely on its content.