On August 9, 2022, Max Schrems’ privacy organization, noyb, lodged 226 GDPR-related complaints with 18 authorities against websites for cookie banner compliance. This is noyb’s second round of complaints against these websites because they, according to noyb, did not take appropriate action after receiving the first set of complaints in 2021.
The reported websites are all OneTrust customers not only because OneTrust is the most widely adopted CMP solution, but more importantly because websites using OneTrust are the only ones noyb scanned. As was the case when this issue arose in May 2021 and March 2022, there is no problem with the OneTrust solution. As noyb states, OneTrust’s default cookie banner settings support noyb best practices, and OneTrust was proactive about notifying customers when the first set of noyb complaints was lodged in 2021. We also monitor and consider regulator guidance across DPAs as we make changes to our applications, templates, and default settings.
At OneTrust, we share best practices with our customers, but it’s always up to each individual customer to decide how they want to implement, and some customers may implement in a way that is not acceptable to noyb. TechCrunch reported on these recent complaints and concluded that “it’s not the software itself that’s the issue,” reiterating how websites implement the software is a source of the complaint.
It’s important to remember that EU regulatory authorities and industry frameworks like the Transparency and Consent Framework may have different guidance and interpretations than those recommended by noyb. Customers should work with legal advisors to make final decisions regarding if and how to adjust any cookie settings.
We are here to support our customers regardless of specific interpretation and implementation decisions. Our customers can access our noyb Cookie Consent Best Practices Guide to review each type of implementation configuration identified by noyb, along with relevant myOneTrust support articles and related regulatory guidance.
If you have additional questions, reach out to your OneTrust representative or submit a support ticket.