EU Regulators Crack Down on Taking Cookies from the Cookie Jar: How the EDPB’s Recent Consent Guidelines May Affect Your Business’s Website 

RJP Headshot Photo 2018In May of this year, the European Data Protection Board (EDPB) issued guidelines on consent under the General Data Protection Regulation (GDPR). Consistent with European practice (perhaps tradition at this point), the EDPB requires a high threshold to be met for adequate consent to process personal data.

As a result of the guidelines, we have seen immediate upheaval with respect to cookie banners. Cookies (as most readers know) are small text files that can be placed on a computer or mobile device to identify a user’s web browser and thereby the user’s website activities. Cookie banners are those banners of text on websites that provide notice that cookies are being deployed. Until recently, the prevailing practice had been to provide notice of the use of cookies along with an indication that by continuing to use the website, the user consents to all cookies.

In its recent guidelines, however, the EDPB has stated flatly that mere usage itself cannot constitute consent. As such, an update to your cookie banner is likely needed. Learn more about the EDPB’s new guidelines and how we can help in Ryan Perry’s new article EU Regulators Crack Down on Taking Cookies from the Cookie Jar: How the EDPB’s Recent Consent Guidelines May Affect Your Business’s Website.