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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more
The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more
On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more
Specifically, the group is alleging that websites are commonly using deceptive cookie banners that do not adhere to the GDPR’s express consent requirements. In early August, the European Union data protection advocacy...more
European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more
The Commission nationale de l'informatique et des libertés (CNIL) is the national data protection authority in France. Recently, it announced new guidance on cookies and online trackers (Guidelines). Operators of...more
On May 4, 2020, the European Data Protection Board (EDPB) adopted updated guidelines on consent under the General Data Protection Regulation (GDPR), in Guidelines 05/2020. The Guidelines clarify existing guidance issued in...more
The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more
11.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more
10.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more
It is impossible to browse the Internet without bumping into a popup window requesting consent to enable cookies on the web page. Website cookies are text files saved to devices that contain information about a person’s...more
Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.” While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more
Likely no. The placement of analytics or behavioural advertising cookies can only be accomplished when the basis for the placement of the cookies is the data subject’s consent. In order for consent to comply with the...more
Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person. Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more