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Contract analysis / cookie-banner-consent-flow-specification.docx
cookie-banner-consent-flow-specification.docx
High · 1
Medium · 6
Standard · 0
1. Executive Summary
Medium
⚑ Notice / time limit to track
1. Executive Summary This Remediated Cookie Banner & Consent Flow Specification (this "Specification") sets forth binding legal, design, and technical requirements for the redesign and deployment of compliant cookie consent banners across all fourteen (14) Aurelius Global Media Group PLC ("AGMG") European-facing websites and compliant consent flows for all three (3) AGMG mobile applications. This Specification is int
2. Definitions and Interpretation
Medium
⚑ Liability cap to check against exposure
2. Definitions and Interpretation In this Specification, the following terms shall have the meanings set forth below, unless the context otherwise requires: "AGMG" means Aurelius Global Media Group PLC, a public limited company incorporated in England and Wales under Companies House registration number 08741562, with its registered office at 140 Threadneedle Row, London EC2R 8AH, United Kingdom, together with its sub
3. Legal Framework and Regulatory Requirements
High
⚑ Penalty / liquidated damages
3. Legal Framework and Regulatory Requirements 3.1 Applicable Legislation The cookie consent mechanisms and consent flows specified in this document must comply with the following legislative instruments, each of which imposes obligations on the placement of Cookies and analogous technologies on end-user terminal equipment, and/or on the processing of personal data obtained through such technologies: European Union —
4. Scope of Application
Medium
⚑ Liability cap to check against exposure
4. Scope of Application 4.1 European Websites (14 Properties) This Specification applies to all fourteen (14) AGMG European-facing websites, encompassing the following categories of digital properties: Streaming Platforms: (a) aurelius-stream.fr — AGMG's French-language streaming platform, the subject of CNIL Complaint PLT-2023-FR-04821 and formal notice MED-2023-097. Primary jurisdiction: France. Approximately 12.3
5. Fundamental Design Principles
Medium
⚑ Forum / governing law
5. Fundamental Design Principles This Section establishes the foundational legal and design principles that govern every element of the cookie consent banners and mobile application consent flows specified in this document. These principles are derived from the legal framework set forth in Section 3 and must not be deviated from in any implementation decision, regardless of commercial or operational considerations. 5
6. Cookie Banner Specification — Websites (Layer 1)
Medium
⚑ Liability cap to check against exposure
6. Cookie Banner Specification — Websites (Layer 1) 6.1 Initial Banner Appearance and Placement The Layer 1 cookie consent banner must appear as either a modal overlay (centred on the viewport, with the underlying page content dimmed or blurred) or a bottom-pinned bar (anchored to the bottom of the viewport, overlaying the underlying page content) upon the first visit by an end-user to any of the fourteen (14) AGMG E
7. Granular Preference Centre Specification — Websites (Layer 2)
7. Granular Preference Centre Specification — Websites (Layer 2) 7.1 Purpose Categories and Consent Toggles The Layer 2 Preference Centre must present the following purpose categories, each with a corresponding toggle switch, aligned with the IAB TCF 2.2 framework and mapped to AGMG's specific processing activities:
1. Strictly Necessary. This category is always active and must not include a functional to
1. Strictly Necessary. This category is always active and must not include a functional toggle. It must be displayed with a greyed-out or visually disabled toggle (or a clearly marked "Always Active" label) and accompanied by explanatory text informing the user that these cookies are essential for the operation of the website and cannot be disabled. The explanatory text must describe the types of cookies included, su
2. Analytics / Performance. This category must include a toggle switch that defaults to th
2. Analytics / Performance. This category must include a toggle switch that defaults to the OFF position. The descriptive text must explain that these cookies collect information about how users interact with the website, such as the pages visited, session duration, and traffic sources, for the purpose of analysing website performance and improving the user experience. The description must identify key analytics vend
3. Functional / Preference. This category must include a toggle switch that defaults to th
3. Functional / Preference. This category must include a toggle switch that defaults to the OFF position. The descriptive text must explain that these cookies enable enhanced functionality and personalisation, such as remembering the user's language preferences, content personalisation settings, and display preferences. If the user declines this category, the website must continue to function using default settings,
4. Advertising / Targeting. This category must include a toggle switch that defaults to th
4. Advertising / Targeting. This category must include a toggle switch that defaults to the OFF position. The descriptive text must explain that these cookies are used to deliver personalised advertising, including programmatic advertising and real-time bidding, cross-device tracking, audience segmentation, and ad frequency capping. The description must identify that data may be shared with advertising partners, incl
5. Social Media. This category must include a toggle switch that defaults to the OFF posit
Medium
⚑ Forum / governing law
5. Social Media. This category must include a toggle switch that defaults to the OFF position. The descriptive text must explain that these cookies enable social media sharing functionality and embedded social media content (such as embedded video players, social sharing buttons, and social login features). If the user declines this category, social media integrations must be suppressed, and placeholder content or a
8. Consent Withdrawal Mechanism
8. Consent Withdrawal Mechanism 8.1 Persistent Access Point A persistent, always-visible link or icon must be present on every page of all fourteen (14) AGMG European-facing websites, enabling users to access their consent preferences at any time. This access point must be available regardless of whether the user has previously accepted, rejected, or partially configured their consent preferences. Placement. The pers
9. Mobile Application Consent Flow Specification
9. Mobile Application Consent Flow Specification 9.1 General Requirements for All 3 Apps The mobile application consent flow must be presented to the end-user upon first launch of each of the three (3) AGMG mobile applications, or upon the first launch following an app update that implements this Specification. The consent flow must be presented before any app content, features, or functionality are made available to