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Italy: which cookie consent rules apply

Granular, on scroll, on continued browsing… Cookie consent guidelines may differ from state to state, let’s find out which rules apply in Italy.

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Is cookie consent by scrolling allowed?

Yes, the Italian Data Protection Authority (the “Garante Privacy”) currently recognizes “performing a scrolling action” as valid indication of affirmative consent.

However, please note that this rule may change in the future, and align with that of other data protection authorities (e.g. UK, Ireland, France, Germany, Belgium and Greece) that do not consider consent via scrolling as valid.

Is cookie consent by continued browsing allowed?

Currently, yes. Anyway, as for the consent on scroll, this rule may soon change as well and align with that of other data protection authorities.

Do I need to add a Reject button to my cookie banner?

This feature is required to users who operate in the UK, Germany, France and Ireland. While other countries may suggest it as best practice, at the moment Italy doesn’t explicitly require the use of the Reject button.

Do cookies have to be blocked preventively?

Yes. Except for exempt categories, cookies must be blocked until users have given their consent.

Must cookie consent be granular?

No, at the moment you don’t need to give users more granular control on which categories of trackers to give consent to.

Is proof of consent requested according to the criteria established under the GDPR?

Not at the moment. A technical cookie is sufficient proof of consent and may be relied upon to meet the Italy’s requirement of keeping track of the consent acquired.

It’s important to note that some EU Data Protection Authorities now require that records of consent – rather than simply proof – be kept.

How iubenda can help you manage cookie consent

Our comprehensive cookie management solution allows you to:

  • easily inform users via cookie banner and a dedicated cookie policy page (which is automatically linked to your privacy policy);
  • obtain and save cookie consent settings;
  • collect granular, per-category consent;
  • preventively block scripts prior to consent;
  • apply the IAB Transparency and Consent Framework with a single click;
  • maintain records of consent via integration with our Consent Solution (integration available upon request).

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

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Cookie consent management for the ePrivacy, GDPR and CCPA

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