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On 13 July 2021, the Finnish Transport and Communications Agency (Traficom) released a consultation on the Draft Guidance on the Use of Web Cookies (Guidance). Traficom allows the public to comment on draft Guidance before their final publication. The comment and response period ends on 9 August 2021.
This article provides an overview of the Guidance that will help service providers implement legally compliant cookie consent solutions on their websites.
Let’s look into some of the key points highlighted by Traficom in this Guidance:
All non-essential cookies and similar tracking technologies require the consent of the user.
Examples of such cookies are:
The user’s consent is not needed for the use of essential cookies or other corresponding technologies. Essential cookies are those whose sole purpose of storing and using data is to carry out the transmission of a communication over an electronic communications network or the storage and use of data is strictly necessary for the service provider to provide a service that the subscriber or service user has specifically requested. These cookies implement the transmission of a message through a network by identifying the transmission points required for routing the message, ensure the transmission of the message’s content to the destination in an appropriate order or detect errors or data losses occurring during the transmission of the message. Third-party cookies are generally not considered essential as they are not required to transmit messages.
The following are examples of cookies considered to be essential to provide a requested service:
Even in the case of the use of essential cookies, users must be adequately informed about them and their use is allowed only to the extent necessary to provide the service.
Consent to the use of non-essential cookies must be freely given, specific, informed and unambiguous. Non-essential cookies cannot be turned on in the service or site by default and the user must separately agree to their use by clicking on them (opt-in).
The following are not valid indications of consent:
Users must be able to withdraw their consent at any time without any detriment. Withdrawing consent must be as simple and easy as accepting cookies. For example, if consent was requested using a cookie preference center, the user should be able to easily reinvoke the preference center again at any time to change their cookie preferences by clicking on an icon visible on the page.
However, no more data is allowed to be stored than is necessary to prove the obtaining of consent. Additionally, service providers must be able to justify the storage times of personal data since personal data can only be stored for the duration necessary for the purposes of its processing.
Service providers must comply with Article 13 of the GDPR concerning information to be provided to data subjects. In addition, the layout of the consent banner must be as neutral as possible. This means service providers must use equal font sizes and colors for accept and reject commands so that users are not misguided by consent banner design choices.
Securiti’s Cookie Consent Management Solution enables organizations to build cookie consent notices in accordance with the applicable legal requirements. It can help you comply with the Finnish Guidance on cookies with the help of the following features:
Ask for a DEMO to understand how Securiti can help you comply with Finland’s Guidance on Cookies and other similar tracking technologies, GDPR and a whole host of other global privacy laws and regulations, with ease.
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