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Is implied consent valid under the GDPR?

As you may know, if European users visit your website, and it installs any non-technical cookies, you have to give visitors the opportunity to provide, withdraw or refuse consent. In fact, prior to consent, no cookies (except for exempt cookies) can be installed.

Consent to cookies must be informed and explicit, and can be provided by a clear affirmative (opt-in) action. Subject to the local authority, these active behaviors may include continued browsing, clicking, scrolling the page or some method that requires the user to actively proceed.

iubenda's cookie banner

What is implied consent to cookies?

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.

Is consent by scrolling still valid?

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.

Which EU countries allow consent on scroll for cookies?

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.

Is consent by continuing navigation 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.

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 Database (integration available upon request).

Our solution allows for the acquisition of active consent via:

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

About us


Cookie consent management for the ePrivacy, GDPR and CCPA


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