No cookie consent walls, scrolling isn’t consent, says EU data protection body (techcrunch.com)

Article summary

The European Data Protection Board has published updated guidelines stating that cookie consent walls are not compliant with European data protection law, as they do not provide a genuine choice for users. Additionally, the guidelines clarify that scrolling on a website cannot be interpreted as consent to process personal data. The EU's General Data Protection Regulation requires consent to be clear, informed, specific, and freely given. This means that websites cannot make access to their content dependent on a visitor agreeing to cookie consent.

Main themes

• cookie consent
• data protection law
• EU regulations
• browser-level solutions
• user control
• regulatory enforcement
• innovation and competition
• user education and awareness

What commenters say

• A browser-level cookie consent API would simplify the process and provide a consistent experience for users.
• The EU's approach to regulating cookies has been criticized for being ineffective and overly burdensome for small businesses.
• Some argue that regulators should not design APIs, but rather set rules and let browser developers react accordingly.
• Others believe that a browser-level solution is necessary to prevent user consent fatigue and ensure that users have control over their data.
• The use of cookie consent walls is seen as a major problem, as it does not provide a genuine choice for users and can be considered a form of coercion.
• There is a need for clearer guidelines and more effective enforcement of data protection laws to prevent the misuse of cookies and other tracking technologies.
• Some commenters argue that the focus should be on educating users about cookie management and providing them with tools to control their data, rather than relying on regulations.
• Others suggest that the EU's approach to data protection is overly restrictive and may stifle innovation and competition.