How should you obtain cookie consent? When is it needed? How do you implement it? In this post, we’ll analyze the different ways to collect consent to cookies.
Firstly, however, let’s examine the meaning of cookie consent.
In compliance with the general principles of privacy legislation, which prevent the processing before consent, the Cookie Law does not allow the installation of cookies before obtaining user consent.
Consent to cookies must be informed and explicit, and can be provided by a clear affirmative (opt-in) action.
Subject to the local authority, active behaviors may include:
💡 Tip: you may favor a click-to-consent method over scrolling/continued-browsing methods as the former is less likely to be performed by user error.
It’s worth noting that while the Italian Data Protection Authority (the “Garante Privacy”) specifically recognizes “performing a scrolling action” as valid indication of affirmative consent, some national data protection authorities (e.g. in UK, Ireland, France, Germany, Belgium and Greece) do not regard consent via scrolling as valid.
For this reason, iubenda gives you the option to easily disable the Privacy Controls and Cookie Solution’s “scroll to consent” feature should the particular Member State law require it.
If your website or app can be visited by European users and installs any non-technical cookies (e.g. via script like Google Analytics or via a Facebook share button), you need to display a cookie banner to inform users that your website/app uses cookies.
Our comprehensive cookie management solution simplifies compliance with provisions of the European Cookie Law. It allows you to:
Our solution allows for the acquisition of active consent via:
