On July 10, 2021, the Italian data protection authority also known as the ‘Garante’ announced its finalized guidelines on cookies and other similar tracking technologies (the Guidelines). The finalized Guidelines come seven months after the Garante released its draft version for public consultation and has provided a six-month deadline for organizations to comply. Read this blog post to get up to speed on the guidelines.
Overview of the guidelines
Below are highlights from the finalized guidelines.
- Legitimate interest cannot be considered as a lawful ground to set cookies and other similar tracking technologies;
- Possibility to re-present cookie banner to users after six months from the initial presentation;
- Position an ‘X’ button within the banner by which users can continue navigating without consenting to the use of non-technical cookies;
- Authenticated users must be allowed to consent to the possibility of being tracked by cross-analysis of their behavior through the use of different devices;
- In case of changes to the third parties list, the website owner is responsible for the selection of the same third parties and for ensuring that the consequent processing remain in line with the category groups;
- New specifications for the accessibility of cookie information in relation to person with disabilities;
- Include a link in for the user to re-assess his/her cookie preferences in the website’s footer;
- On any domain, include a graphic sign, an icon, or a technical feature aimed to showcase the status of the user’s expressed consents, allowing potential amendments.
Next steps to comply with the Garante’s finalized guidelines on cookies
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