Why has there been so much noise about cookies?
Austrian activist Max Schrems, responsible for the annulment of the "Privacy Shield," a program that allowed for relatively straightforward transfer of personal data from the EU to the USA, has taken steps to regulate the use of cookies.
Between May and June 2021, he submitted over 500 complaints to companies that, in his opinion, use non-compliant cookie consent pop-ups on their websites and plans to do so with respect to an additional 10,000 entities.
Importantly, while initially the focus was on companies using the consent management platform (CMP) provided by OneTrust, complaints can now also be expected from entities using other CMPs, including TrustArc, Cookiebot, Usercentrics, Quantcast, etc.
What poses the greatest difficulties?
Schrems points to two issues:
- The lack of active consent management by users
(referring to browser settings). - The absence of a "reject all" option in the first layer of the cookie banner.
GDPR Tools
Cookies -
answers to frequently asked questions
We hope that our guide will help you navigate this challenging topic. If you need additional assistance, do not hesitate to ask.
Additionally, attention should be drawn to misleading link designs, misleading button colors, misleading button contrast, and the inability to easily withdraw consent.
How to withdraw consent for cookies?
In order to ensure compliance with the regulations on the storage and further use of cookies
with personal data protection laws and case law, we recommend implementing a CMP-class tool on the website that allows for selective acquisition of required consents (including for the use of advertising and analytical cookies).
In addition, it should be noted that the cookie banner must be created in accordance with the principle of transparency, i.e., it must meet the following conditions:
- allow acceptance, rejection, or modification of cookie preferences directly from the first layer,
- uniform design for each option (accept, reject, modify) of the buttons,
- uniform color for each option (accept, reject, modify) of the buttons,
- uniform contrast for each option (accept, reject, modify) of the buttons,
- allow withdrawal of consent for the use of cookies by displaying a small icon that provides users with a return to their privacy settings and modification of submitted statements.
