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6 December 2009
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Online Services Guidelines in Full

The Law

"Use of Data" Notice

Sites that collect personal information should include a "Use of Data" notice. This should describe all the purposes for which the information collected will be used. This includes information collected via cookies or other covert software.

If any information collected is going to be used for promotion, marketing, research or any other "secondary purpose", the "Use of Data" notice must give individuals the opportunity to agree to this. An "opt-in" box must be included in the notice. This means that if the individual does tick the box, they have given permission for the "secondary" purpose. Any commercial service which considers that an "opt-in" box is not required must check this with the relevant lawyer.

Any notice should explain whether any information will be shared with other departments outside the production area which has collected it or disclosed to anyone outside the BBC. Worldwide Ltd and other commercial BBC subsidiaries are defined as outside the BBC, so if information is to be passed on to them this should be explained in the notice.

We must also tell people if we use agents or contractors to deliver a service on our behalf e.g. to deliver email news letters or to reply to questions from users on our behalf.

If the information will be sent outside the European Economic Area in connection with the BBC's intended use, this must be explained in the notice.

The "Use of Data" notice should be as close as possible to the "Submit" button. It must be sufficiently prominent that the user's attention is drawn to it and be of a font size that is readable with ease (or can be enlarged for viewing in an acceptable font size). Placing a notice in some obscure section of the document or screen is unacceptable.

Any proposal to collect personal information on a BBC publicly funded site which might be disclosed to third parties, including BBC Worldwide, must be referred to the relevant Interactive Executive Editor or equivalent who may wish to consult Regulatory Legal Department and Fair Trading ."Use of Data" notices must be cleared with a lawyer before putting them online. Further guidance can be obtained from Regulatory Legal Department.

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