Privacy and Electronic Communications Regulation (PECR )

PECR & Corvidae

Our marketing and attribution solution is designed to provide insightful and accurate data on user behaviour, campaign performance, and customer engagement without relying on first-party cookies. However, Corvidae does use local storage in its pixel deployment, which temporarily stores data directly on the user's device, offering the benefits of persistence.

While this method avoids the need for traditional cookies, it is considered a similar technology under PECR. As the data controller, clients are responsible for ensuring compliance with PECR when using this technology.

This FAQ outlines how our solution uses local storage and what you, as a data controller, legally must do to maintain compliance with PECR.

Our solution uses local storage to:

• Store Anonymous Identifiers: Use unique, anonymised identifiers to recognise returning users, allowing attribution insights without directly identifying individuals.

Importantly, no first-party cookies are used in this process, but local storage is considered a similar function and is therefore subject to the same privacy regulations under PECR.

Legal Requirements Under PECR

As the data controller, you must meet certain legal obligations under PECR, including the following.

1. Consent Obligations:
   PECR requires that users give explicit consent before local storage is used unless the storage is strictly necessary for the website's operation. Since a marketing and attribution use case does not fall under the “strictly necessary” exception, you must:

   • Obtain Prior Consent: Before any data is stored, ensure that users consent to the use of local storage for marketing and attribution purposes.

   • Provide clear Information: Inform users about what data will be stored in local storage, why it is being stored, and how they can manage or withdraw their consent.

2. Transparency and Control:
   You must clearly explain to users:

   • The purpose of using local storage and how it will be used in relation to their data.

   • Their right to opt in or out of this type of storage, with a straightforward way for users to change their preference at any time

   • How to manage or delete locally stored data..

Best Practices for Compliance

To ensure compliance with PECR when using our solution, we recommend following these best practices:

1. Implement a Consent Mechanism
   Use a consent banner or pop-up that explicitly asks users to allow the use of local storage for marketing purposes before any data is stored.

2. Provide Transparent Information:
   Include a description of how local storage is used in your privacy and cookie policy.
   Communicate:

   • What data is stored in local storage

   • Why you use local storage for marketing and attribution

   • How users can control or delete this data

3. Offer Opt-Out Options:
   Ensure users have a clear option to opt in or out of local storage usage. Provide an easy-to-navigate setting page where users can manage their preferences.

4. Review and Update Privacy Policies Regularly:
   Keep your privacy policies updated to reflect changes in how you use local storage.