Discover the highlights of the new cookie regulations
Posted: Sun Dec 22, 2024 6:11 am
Much water has flowed under the bridge since the European Directive 2002/58/EC ePrivacy was approved in 2002 to regulate the use of cookies and online tracking. That same year, Spain approved the Law on Information Society Services and Electronic Commerce (LSSI).
Fifteen years later, Europe has pushed through the Regulation on Privacy and Electronic Communications or ePrivacy Regulation . This legislation is supposed to update the regulation on the use of cookies on the Internet, but the European Parliament has not yet approved it. Once approved, this law will be binding on all member states.
In the absence of this new law, the qatar mobile number list General Data Protection Law (LGPD) came into force in 2018 to update the protection of online users to the new reality and to improve the protection of internet users.
The current regulatory framework for the use of cookies
In the absence of such regulations, member states have promoted national laws based on the provisions of the LGPD promoted by the European Union in 2018. In Spain, the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD) was approved that same year.
Regarding cookies, this legislation indicates that companies are obliged to duly inform users about the use of cookies on their platform and obtain their express consent before installing them.
Two years after the approval of the LGPD, in May of this year the European Data Protection Committee has reviewed the guidelines on consent of regulation 2016/679, included in the document Guidelines 05/2020 ) with the aim of clarifying its position on two issues.
This review has addressed two issues: on the one hand, the validity of the "continue browsing" option to show users' consent; and on the other, the possibility of limiting access to certain services or content on the website to those users who accept the use of cookies (cookie walls).
Knowing these new provisions is key to properly taking advantage of the opportunity presented by digital data. They are known as the oil of the 21st century because they can generate a lot of income for companies that know how to manage them.
New provisions on the acceptance of cookies on a website
The European Data Protection Board has ruled as follows in relation to consent:
The “continue browsing” option is not valid for consent. The committee understands that because this action may be difficult to distinguish from other user activities or interactions, consent may be unambiguous.
Cookie walls should not restrict content with consent. According to the European Committee's observations, access to the service and new functionalities of a website should not be conditional on accepting the use of cookies and should offer an alternative to consent to allow access to the content.
Fifteen years later, Europe has pushed through the Regulation on Privacy and Electronic Communications or ePrivacy Regulation . This legislation is supposed to update the regulation on the use of cookies on the Internet, but the European Parliament has not yet approved it. Once approved, this law will be binding on all member states.
In the absence of this new law, the qatar mobile number list General Data Protection Law (LGPD) came into force in 2018 to update the protection of online users to the new reality and to improve the protection of internet users.
The current regulatory framework for the use of cookies
In the absence of such regulations, member states have promoted national laws based on the provisions of the LGPD promoted by the European Union in 2018. In Spain, the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD) was approved that same year.
Regarding cookies, this legislation indicates that companies are obliged to duly inform users about the use of cookies on their platform and obtain their express consent before installing them.
Two years after the approval of the LGPD, in May of this year the European Data Protection Committee has reviewed the guidelines on consent of regulation 2016/679, included in the document Guidelines 05/2020 ) with the aim of clarifying its position on two issues.
This review has addressed two issues: on the one hand, the validity of the "continue browsing" option to show users' consent; and on the other, the possibility of limiting access to certain services or content on the website to those users who accept the use of cookies (cookie walls).
Knowing these new provisions is key to properly taking advantage of the opportunity presented by digital data. They are known as the oil of the 21st century because they can generate a lot of income for companies that know how to manage them.
New provisions on the acceptance of cookies on a website
The European Data Protection Board has ruled as follows in relation to consent:
The “continue browsing” option is not valid for consent. The committee understands that because this action may be difficult to distinguish from other user activities or interactions, consent may be unambiguous.
Cookie walls should not restrict content with consent. According to the European Committee's observations, access to the service and new functionalities of a website should not be conditional on accepting the use of cookies and should offer an alternative to consent to allow access to the content.