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Cookie Policy

You can change your Cookie preferences at any time by accessing the cookie management panel on the right at the bottom of the page.

What are cookies?

Cookies are small text files that the visited websites of users send information to their terminals (normally to the browsers) where information is saved to then be transferred to the same website on the next visit by the same user. During the browsing on a website, users may also receive on their terminals cookies that are sent by different websites or web servers (so-called “third party cookies) which may contain several elements (such as, images, maps, sounds, specific links to pages of other domains) present on the website that the users are visiting.

What are cookies for?

Cookies that are normally present in browsers of users in a high number and often with persistent characteristics, are used for different purposes: information authentication, monitoring of sessions, saving information on specific configurations regarding users who access the server, etc.

In order to achieve a proper regulation of said devices, we must distinguish them as there are no technical characteristics that differentiate one from the other based on the purposes to be achieved by those who used them. The legislator has taken this direction and has implemented the provisions set out in the Directive 2009/136/EC, establishing the obligation to acquire a prior, informed consent form users to install the cookies used for purposes other than those purely technical (see article 1, paragraph 5, letter (a)) of Legislative Decree 69 of 28 May 2012 that amended article 122 of the Code).

To that end and for purposes of this proceeding, the following two macro categories are identified: “Technical” Cookies and “Profiling” Cookies

Editors and “Third Parties”

Another aspect to consider for purposes of a correct definition of the matter under discussion, is the subjective aspect. Therefore,  we must take into account of the different entity that installs the cookies on the user’s terminal, depending on whether it is the website operator of the user visiting the website (which can be specified in short as the “editor”) or a different website that installs cookies through the former (so-called “third parties”).

On the basis of the findings of the public consultation, it is considered necessary for said distinction between the two entities mentioned above to be taken into account for purposes of correctly identifying the respective roles and the respective duties with reference to issuing the information notice and acquiring the consent from users online.

There are multiple reasons for which it is not possible to assign the editor the obligation to provide the informative notice and acquire the consent to install the cookies for its website, even for those installed by “third parties”.
First of all, the editor must always have instruments and legal and economic resources to fulfil the obligations of third parties and must therefore be able to ensure the consistency of what is declared by third parties and the purposes that are actually pursued with the use of the cookies every time. It is very difficult given the fact that the editor often does not personally know all the third parties that install the cookies through its website and therefore not even the logic behind the respective processing. Moreover, it is not rare for persons with the role of concessionaries to come between the editor and third parties and therefore it is very difficult for the editor to monitor the activities of all the involved subjects.

Third party cookies could then be modified by third party suppliers over time and it would not be efficient to ask editors to keep track of these subsequent changes.

We must also take into account the fact that often editors that also include natural persons and small businesses, are the “weakest” part of the relationship. If third parties are normally large companies with substantial economic burden, normally more editors are required and could even be very numerous with respect to a single editor.

It is therefore considered that even with respect to the above reasons, the editor cannot be bound to include on the home page of its website, the information notices regarding the cookies installed to use through third parties. Furthermore, this would result in a general lack of clarity of the information notice issued by the editor and at the same time make it extremely difficult for the user to read the document and thus understand the information contained therein and in this way losing the simplification purpose envisaged in article 122 of the Code.

Likewise, as far as the acquisition of the consent for profiling cookies, as due to the above reasons keeping different the respective positions of editors and third parties, it is necessary to consider that the editors with which users will establish a direct relationship by accessing the respective website, must assume a dual role.

In fact, from one part said persons are data controllers as the cookies directly installed from their website; on the other part, as there cannot be a joint ownership with third parties for cookies that they install through themselves, it is correct to consider them as a sort of technical intermediaries between them and the users. Therefore, it is in this role that as you can see hereafter, they are called to take part in this resolution with reference to issuing the information notice and acquiring the consent from users online with respect to third party cookies.