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Cookie Law: Italy vs Spain

Granular, on scroll, on continued browsing… Let’s find out how cookie consent guidelines differ between Italy and Spain.

At a glance:

Italy Spain
Is the cookie banner recommended?
Is cookie consent by scrolling allowed? ×
Is cookie consent by continued browsing allowed? ×
Do I need to add a Reject button to my cookie banner? × ×
Do cookies have to be blocked preventively?
Must cookie consent be granular? ×
Is proof of consent requested according to the criteria established under the GDPR? × Not clearly specified

For a more in depth comparison continue reading below:

Is cookie consent by scrolling allowed?

The Italian Data Protection Authority (the “Garante Privacy”) currently recognize “performing a scrolling action/scrolling down the website” 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. Spain, UK, Ireland, France, Germany, Belgium and Greece) that do not consider consent via scrolling as valid.

Is cookie consent by continued browsing allowed?

As for Italy, yes. Anyway, as for the consent on scroll, this rule may soon change as well and align with that of other data protection authorities (like Spain).

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 and Spain don’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?

As for Italy, you don’t need to give users granular control on which categories of trackers to give consent to (obviously this rule may soon change).

As far as Spain is concerned, however, yes, you need to give users this option.

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

Not for Italy. As far as Spain is concerned, it’s not clearly specified. There is a chance that – unlike Italy – a technical cookie is not sufficient proof of consent, and therefore cannot be used to meet the requirement of keeping track of the consent acquired.

In this case you’ll have to keep records of consent – rather than simply proof.

How iubenda can help you manage cookie consent

iubenda's cookie banner

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

Generate a cookie banner

About us

iubenda

Cookie consent management for the ePrivacy, GDPR and CCPA

www.iubenda.com

See also