(as stated on the first paragraph of the measures of the Garante per la protezione dei dati personali)
1. Preliminary Remarks
Cookies are small text files that are sent to the user’s terminal equipment (usually to the user’s browser) by visited websites; they are stored in the user’s terminal equipment to be then re-transmitted to the websites on the user’s subsequent visits to those websites. When navigating a website, a user may happen to receive cookies from other websites or web servers, which are the so-called “third party” cookies. This happens because the visited website may contain items such as images, maps, sound files, links to individual web pages on different domains that are located on servers other than the one where the page being visited is stored.
Cookies are present as a rule in substantial numbers in each user’s browser and at times they remain stored for long. They are used for several purposes ranging from IT authentication to the monitoring of browsing sessions up to the storage of specific information on user configurations in accessing a given server, and so on.
In order to appropriately regulate these devices, it is necessary to distinguish them by having regard to the purposes sought by the entities relying on them, as there are no technical features that allow differentiating them. This is actually the approach followed by Parliament, which provided for the obligation to obtain the users’ prior informed consent to the installation of cookies for purposes other than those of a merely technical nature – pursuant to EC directive 2009/136 (see Section 1(5), letter a), of legislative decree No. 69 of 28 May 2012, which amended Section 122 of the Code).
From this standpoint and for the purposes of this decision, cookies may be distinguished into two major group: “technical” cookies and “profiling” cookies.
a. Technical Cookies
Technical cookies are those used exclusively with a view to “carrying out the transmission of a communication on an electronic communications network, or insofar as this is strictly necessary to the provider of an information society service that has been explicitly requested by the contracting party or user to provide the said service.” (see Section 122(1) of the Code).
They are not used for further purposes and are usually installed directly by the data controller or the website manager. They can be grouped into browsing or session cookies, which allow users to navigate and use a website (e.g. to purchase items online or authenticate themselves to access certain sections); analytics cookies, which can be equated to technical cookies insofar as they are used directly by the website manager to collect aggregate information on the number of visitors and the pattern of visits to the website; functional cookies, which allow users to navigate as a function of certain pre-determined criteria such as language or products to be purchased so as to improve the quality of service
Users’ prior consent is not necessary to install these cookies, whilst information under Section 13 of the code has to be provided in the manner considered to be most appropriate by the website manager – if only such cookies are relied upon
Profiling cookies are aimed at creating user profiles. They are used to send ads messages in line with the preferences shown by the user during navigation. In the light of the highly invasive nature of these cookies vis-à-vis users’ private sphere, Italian and European legislation requires users to be informed appropriately on their use so as to give their valid consent.
These cookies are referred to in Article 122(1) of the Code where it is provided that “Storing information, or accessing information that is already stored, in the terminal equipment of a contracting party or user shall only be permitted on condition that the contracting party or user has given his consent after being informed in accordance with the simplified arrangements mentioned in section 13(3).”
Duration of the cookies
Cookies used by this website cease to operate at the end of the session or after a period of inactivity of the visitor, set by the server.
Third party technical cookies
Our website makes use of Google Analytics’ service which employs analytics technical cookies to collect aggregate information about the number of visitors and the pattern of visits so as to constantly improve the operation of the website, the organisation of contents, support for various platforms and browsers.
Management of cookies
Generally speaking, the visitor may in any case decide whether or not to accept cookies by fixing the settings of his browser. Following are instructions on how to disable cookies on the most commonly used browsers, made available by their supporting services:
Settings may be defined specifically for different websites and applications. To disable Google Analytics cookies only, follow the instructions provided by Google support.