No cookie consent walls — and no, scrolling isn’t consent, says EU data protection body
You can’t make access to your website’s content dependent on a visitor agreeing that you can process their data — aka a ‘consent cookie wall’. Not if you need to be compliant with European data protection law.
That’s the unambiguous message from the European Data Protection Board (EDPB), which has published updated guidelines on the rules around online consent to process people’s data.
Under pan-EU law, consent is one of six lawful bases that data controllers can use when processing people’s personal data.
But in order for consent to be legally valid under Europe’s General Data Protection Regulation (GDPR) there are specific standards to meet: It must be clear and informed, specific and freely given.
Hence cookie walls that demand ‘consent’ as the price for getting inside the club are not only an oxymoron but run into a legal brick wall.
Posted on May 10, 2020