Guest user Created: Jun 25, 2018 Last commented: Jun 25, 2018

GDPR component for cookie consent

We are currently struggling with understanding the GDPR component for cookie consent. We are using cookiebot.com for the notification pop up, and there are two methods for consent - active and explicit. Explicit consent is definitely compliant, whereas active consent is a bit vague in the GDPR requirements. We are trying to understand whether active consent we can implement "when website visitors ignore the dialog, they consent to the cookies by the continued use of the website" would be compliant with the GDPR? Our pop up would state "By ignoring this consent box, you agree to the cookie collection" and would have two clear buttons - opt out from cookies and opt in.

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Andrei Hanganu Jun 25, 2018

Answer:

The EU GDPR states that the consent should be “a freely given, specific, informed and unambiguous indication of the individual’s wishes’ this means that consent must consist of a clear affirmative action. Inactivity or silence is not enough and the use of “pre-ticked boxes” is not permitted.

However, the use of cookies is regulated by the ePrivacy Directive which s tates that you only need to inform the visitors about the cookies you are using not obtaining their consent but this also depends on the types of cookies you are using as well as the personal data collected and the purposes for which is used.

To find out more about consent check out our free “EU GDPR FOUNDATIONS COURSE” (https://advisera.com/training/).

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Jun 25, 2018

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