News & Analysis as of

Cookie Banners Consent Cookies

Sheppard Mullin Richter & Hampton LLP

UK ICO Uses AI In Cookie Banner Review

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

BCLP

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

BCLP on

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

Benesch

The Cookie Crumbles? EU Advocacy Group Files 226 Complaints Alleging Cookie Consent Violations

Benesch on

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

K&L Gates LLP

GDPR, Cookies, and the Ever-Filling Jar of European Data Protection

K&L Gates LLP on

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

ArentFox Schiff

CNIL Guidelines on Cookies and Other Trackers

ArentFox Schiff on

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

Manatt, Phelps & Phillips, LLP

EDPB Updates Guidelines on Consent Under the GDPR

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

BCLP

What industries utilize cookie banners the most, and the least?

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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

BCLP

What percentage of websites deploy a “deemed consent” cookie banner?

BCLP on

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

BCLP

What percentage of websites utilize a banner that seeks opt-in consent before deploying cookies?

BCLP on

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

Epiq

When the Cookie Crumbles: Four Reasons Why Cookie Consent Does Not Work

Epiq on

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

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

BCLP on

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

BCLP

GDPR Privacy FAQs: Do cookie banners that simply disclose the use of analytics or behavioral advertising cookies satisfy European...

BCLP on

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

BCLP

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

BCLP on

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

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