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CookiePro Blog May 8, 2020

EDPB Adopts Updated Guidelines on Consent Under GDPR

On 4 May 2020, the European Data Protection Board (EDPB) updated guidelines around online consent to be compliant with the GDPR. In this blog post, we outline the major takeaways from the updated guidelines.

Join the webinar hosted by OneTrust PreferenceChoice on 14 May 2020 to learn more! Register now.  

The Updated Guidelines From EDPB

The latest update outlined a need for clarification on two points:  

  • the validity of consent as provided by data subjects when interacting with ‘cookie walls;’ and 
  • the action of scrolling or swiping through a webpage, or similar user activity, as a clear and affirmative action of consent. 

A cookie wall is a type of pop up on a website that doesn’t allow access unless consent is given. To address the clarification needed around cookie walls, two main recommendations are provided:  

  • service providers cannot prevent data subjects from accessing a service on the basis that they do not consent; and 
  • ‘cookie walls’ are not permitted: access to services and functionalities must not be made conditional on the consent of users to the placement of cookies or similar technologies on their terminal equipment. 

In particular, the Guidelines provide that, when data controllers offer a choice between their service, that includes consenting to the use of personal data for additional purposes, and an equivalent service offered by a different controller, consent cannot be considered as freely given. The Guidelines also explain that the validity of consent may be determined by comparing services provided by other market players.

The Guidelines clarify that scrolling or swiping through a webpage – or similar actions – does not constitute a clear or affirmative action. Thus, unambiguous consent has not been obtained and that there is not a way for the user the withdraw consent in a way that as easy as granting it. 

Join the webinar to learn more about the updated guidelines and the impact to marketers. You can also learn more through OneTrust DtaGuidance ‘EU: EDPB adopts updated guidelines on consent under the GDPR’. 

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