• Henry Park

Cookies and consent

By this point in time, no one in Europe should be surprised that website cookies require a visitor's consent. And, under the GDPR Art 4(11), consent must be freely given, specific, informed, and an unambiguous indication of the visitor's agreement.

On May 4, 2020, the European Data Protection Broad (EDPB) issued guidelines on consent that foreclose two techniques (see link).

First, cookie walls. There was conflicting guidance from various DPAs concerning cookie walls (cookie wall not permissible see post 1, post 2) (cookie wall permissible see post 1). The EDPB clearly states that cookie walls are not permissible.

Second, implied consent through use of website. The EDPB clearly states that scrolling or using a website is not an unambiguous indication of a visitor's agreement to cookies.

Image by Andrew Magill on Flickr and licensed under CC BY 2.0.

Attorney Advertising

Henry Park Law

© Law Office of Henry Park, PC. All Rights Reserved.