Iubenda logo
Start generating

Documentation

Table of Contents

Is cookie consent by scrolling allowed?

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.

What is 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.

What constitutes valid active cookie consent?

Subject to the local authority, active behaviors may include:

  • continued browsing,
  • clicking,
  • scrolling the page, or
  • some method that requires the user to actively proceed.

💡 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.

How about cookie consent by scrolling? Is it always allowed?

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 Cookie Solution’s “scroll to consent” feature should the particular Member State law require it.

How do you implement cookie consent?

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.

Cookie consent banner example

How iubenda can help you create a cookie consent banner

Our comprehensive cookie management solution simplifies compliance with provisions of the European Cookie Law. It allows you to:

  • easily inform users via cookie banner and a dedicated cookie policy page (which is automatically linked to your privacy policy and integrates what’s necessary for Cookie Law compliance);
  • obtain and save cookie consent settings;
  • preventively block scripts prior to consent.

Our solution allows for the acquisition of active consent via:

  • continued browsing,
  • scrolling, and/or
  • specific clicking action.

Manage cookie consent with the Cookie Solution

Generate a cookie banner

About us

iubenda

Cookie consent management for the ePrivacy, GDPR and CCPA

www.iubenda.com

See also