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  1. #1
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    Europe New Cookie Law
    I haven't seen a post about this so maybe some of you missed it... I know many of the affiliate managers I deal with in Europe did

    This is by far the least techno speak - from the WSJ blog

    blogs.wsj.com/digits/2009/11/11/europe-approves-new-cookie-law/


    As I run a forum with a large non-North America contingent the EU cookie law has me quite concerned. The fact the law was tacked onto non-related legistlation (actually appearing on the last pages of the document) is the reason not many of the concerned parties know anything about it.

    If this piece of legislation goes into effect the ramifications for advertising and affiliate marketing in the EU is staggering .... pop ups, pop ups everywhere asking for cookie permission. What a lovely user experience that will bring
    CharPaula
    Staying focused on the bottomline

  2. #2
    Analytics Dude Kevin's Avatar
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    Anyone seen a report on the ramifications on American websites seeing European traffic? For 99% of my sites, I would have no trouble or concerns in blocking all European traffic altogether, but is this going to be a necessary precaution?
    Kevin Webster
    twitter: levelanalytics

    Kayak Fishing
    Web Analytics and Affiliate Marketing

  3. #3
    http and a telephoto
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    Viator looked into it already and here is the legalese:

    http://www.mofo.com/international/EU_en/news/16191.html

    Basically, if you have a privacy policy you are ok.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  4. #4
    Member eSilverBullet's Avatar
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    Thanks for the heads-up charpaula.

    Even though most Internet users have no clue what cookies actually do, and would probably want to opt out given a choice (although those that understand them probably wouldn't), imagine the frustration the EU users will face when they have to click the Accept Cookies/Don't Accept Cookies buttons popping up on every website they navigate to.

    From an ad-tracking perspective, though, it probably wouldn't be the end of the world. It is possible to have tracking pixels fire by recognizing IP addresses just as easily as it is cookies.

  5. #5
    Analytics Dude Kevin's Avatar
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    Thanks Lox.
    Kevin Webster
    twitter: levelanalytics

    Kayak Fishing
    Web Analytics and Affiliate Marketing

  6. #6
    Network Rep & ABW Ambassador Carolyn - ShareASale's Avatar
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    Interesting, I had not heard this, thanks for posting! So if a European consumer leaves an affiliate site, it is possible that they could deny the tracking cookie, and the affiliate could lose the sale?

    And even further, what if the European consumer is on a U.S affiliate site? The US affiliate isn't required to notify the consumer that a cookie is being set? That seems like it would hinder European affiliates, how sad.

  7. #7
    Outsourced Program Manager John Jupp's Avatar
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    Quote Originally Posted by Carolyn - ShareASale
    Interesting, I had not heard this, thanks for posting! So if a European consumer leaves an affiliate site, it is possible that they could deny the tracking cookie, and the affiliate could lose the sale?

    And even further, what if the European consumer is on a U.S affiliate site? The US affiliate isn't required to notify the consumer that a cookie is being set? That seems like it would hinder European affiliates, how sad.
    Most UK networks don't rely on traditional cookies. Any network worth its reputation has already enacted alternatives. So affiliate sales will not be lost.

    Whether international obligations shall apply and US sites would need to conform for European traffic, well just look at certain sectors like gambling. Unless non European businesses register for licenses to operate in the EU they are illegal to use. Similar actions reciprocally over non US gaming sites aiming to obtain US customers. It's all a matter of interpretation and enforcement.

    There is reference in the link to the material submitted about US sites having a self regulated policy. I would have though it made sense for all sites to have a clearly defined privacy policy displayed.

    The main issue however is that the affiliate shall not lose sales. Networks have alternatives to cookies to monitor affiliate traffic. This is something I personally raised during ASW 2009 as I was concerned that networks were not doing all they could to prepare for changes in technology, software and the law. Glad to see networks took lessons on board and did something about it if they hadn't done so already.
    Flambi Media Limited - USA/UK/EU Affiliate Management Expertise

  8. #8
    CPA Network Rep Essociate's Avatar
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    we need some top publishers and network people to run for office in the EU and educate the bureaucrats. the U.S. has legislated too many internet topics and now it is turning into a race to see who can pass the most useless legislation.
    [URL]http://Essociate.com[/URL]

  9. #9
    Full Member lintlin's Avatar
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    Thanks for this, I will be keeping an eye on what Zanox, TD and co. implement. I am interested in seeing how the different EU-countries (esp. in my case Germany) will implement this law, and when. I am glad almost all of my sites target the US-market!

  10. #10
    Outsourced Program Manager John Jupp's Avatar
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    Zanox (like Affiliate Window) is owned by Axel Springer. Both networks have alternatives to the traditional cookie in place. Can't comment about TD.
    Webgains also has alternatives. So has TradeTracker. That about covers the major European coverage networks. Most UK networks also have alternatives.
    Flambi Media Limited - USA/UK/EU Affiliate Management Expertise

  11. #11
    OPM and Moderator Chuck Hamrick's Avatar
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    Have been speaking with a Romanian network that wants to bring their technology to the EU and US. Since cheating, pirating and cookie stuffing is the standard there they have a focus to use technology to combat it. Here's a couple features:

    Super Tracking
    We handle tracking in multiple ways, including Dom Storage, Flash and old Cookies. 2Performant even has support for server-side non-cookie based tracking.

    No Cookie Stuffing
    Our tracking system is written in Javascript. We can see if a click is in an iframe and stop the placement of cookies.

    Flash cookies have saved my butt several times. I think that 3rd party cookies will be replaced with server-side cookies that are stored for return visits. Could be used to enable split commissions between 1st referrers and last referrers.

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