NEW GUIDELINES ON COOKIE WALLS
By valid Europe’s General Data Protection Regulation (GDPR) means certain standards: consent must be specific, informed, and most importantly, freely given.
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NO CONSENT BEHIND COOKIE WALLS
The ‘data for access’ model practiced by a number of major European websites requires the user to “accept” tracking cookies to access the website’s content.
40. Example 6a: A website provider puts into place a script that will block consent from being visible except for a request to accept cookies and the information about which cookies are being set and for what purposes data will be processed. There is no possibility to access the consent without clicking on the” Accept cookies” button. Since the data subject is not presented with a genuine choice, its consent is not freely given.
41. This does not constitute valid consent, as the provision of the service relies on the data subject clicking the” Accept cookies” button. It is not presented with a genuine choice.
SCROLLING A WEBSITE DOES NOT MEAN "I CONSENT"
In essence, the EDPB explains: “actions such as scrolling or swiping through a webpage or similar user activity will not under any circumstances satisfy the requirement of a clear and affirmative action.”
86. Example 16: Based on recital 32, actions such as scrolling or swiping through a webpage or similar user activity will not under any circumstances satisfy the requirements of a clear and affirmative action: such actions may be difficult to distinguish from other activity or interaction by a user and therefore determining that an unambiguous consent has been obtained will also not be possible. Furthermore, in such a case, it will be difficult to provide a way for the user to withdraw consent in a manner that is as easy as granting it.