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GDPR Privacy FAQs: Do Cookie Banners that Provide the Ability to Opt-Out of Analytics and Advertising Cookies Satisfy European...

Yes, provided that the “opt-out” selection is the default when the banner loads and no behavioural or analytics cookies load prior to an “opt-in” by the data subject. A data subject’s consent to the use of analytics or...more

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.”  While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more

GDPR Privacy FAQs: Do cookie banners that simply disclose the use of analytics or behavioral advertising cookies satisfy European...

Likely no. The placement of analytics or behavioural advertising cookies can only be accomplished when the basis for the placement of the cookies is the data subject’s consent.  In order for consent to comply with the...more

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing third...

Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising cookies that are unnecessary for the functioning of the website. ...more

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing...

Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and analytics cookies that are unnecessary for the functioning of the website.  With respect to...more

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person.  Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more

GDPR Privacy FAQs: What are the different types of cookie banners?

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies.  There is little standardization concerning how cookie banners are deployed.  Different...more

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