DATA PROTECTION
EDPB: Task Force Cookie Banner Report published.
The report by the Cookie Banner Task Force made available today by the European Data Protection Board shows - once again - how almost all electronic platforms currently violate the rules on cookies and online tracking technologies, failing to comply with Article 5(3) of the ePrivacy Directive on the acquisition of consent, the GDPR and the measures of national supervisory authorities (the report does well to remind that the primary legislation to be taken into account on the issue is the national legislation of each individual member state implementing Directive 2022/58: the GDPR in fact applies only to the processing of personal data following the placement or reading of cookies).
Precisely because the issue of cookie compliance is likely to discount national regulatory choices that differ from state to state (now a real problem for publishers of sites and platforms reached in different states), the report represents a common basis that data protection authorities have agreed upon in their interpretation of the applicable provisions of the ePrivacy Directive (2002/58/EC) and the GDPR.
Thus, the report presents the data protection authorities' "common position" on (a) applicable rules; (b) refusal buttons; (c) pre-selected boxes; (d) deceptive link design; (e) deceptive button colors and graphic contrast between buttons; (f) reliance on legitimate interests and further processing; (g) inaccurate classification of essential cookies; and (h) buttons and icons for withdrawal of consent.
Translated with www.DeepL.com/Translator (free version)
Precisely because the issue of cookie compliance is likely to discount national regulatory choices that differ from state to state (now a real problem for publishers of sites and platforms reached in different states), the report represents a common basis that data protection authorities have agreed upon in their interpretation of the applicable provisions of the ePrivacy Directive (2002/58/EC) and the GDPR.
Thus, the report presents the data protection authorities' "common position" on (a) applicable rules; (b) refusal buttons; (c) pre-selected boxes; (d) deceptive link design; (e) deceptive button colors and graphic contrast between buttons; (f) reliance on legitimate interests and further processing; (g) inaccurate classification of essential cookies; and (h) buttons and icons for withdrawal of consent.
Translated with www.DeepL.com/Translator (free version)
