Is implied consent valid under the GDPR?

In the context of cookies, implied consent is understood to mean non-direct forms of granting consent, such as consent via scrolling and consent by continued browsing.

The official EDPB (European Data Protection Board) stance on consent on scroll and consent by continued browsing is that “actions such as scrolling or swiping through a webpage or similar user activity will not satisfy the requirement of a clear and affirmative action”. For information about which EU cookie consent rules apply on a per-country basis, check out our Cookie Consent Cheatsheet here.

Many data protection authorities – e.g. UK, Ireland, France, Germany, Belgium and Greece – do not consider consent via scrolling as valid. If you’re operating in these countries you should avoid this method for collecting consent.

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.

Contrary to popular belief, many European Data Protection Authorities, such as those in Italy, UK, Ireland, France, Germany, Belgium, and Greece do not regard consent via scrolling as valid.

If you’re operating in UK, Ireland, France, Germany, Denmark, Belgium and Greece, consider that the respective national data protection authorities do not regard consent by continuing navigation as valid. Other countries may soon align themselves with this rule.

For this reason, iubenda gives you the option to easily disable the Privacy Controls and Cookie Solution’s “consent on continued browsing” feature should the particular Member State law require it.