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Denmark New Guidance (Quick Guide) on Cookies
Published on March 2, 2021 AUTHOR PRIVACY RESEARCH TEAM
On 12 February 2021, the Danish Data Protection Authority (Datatilsynet) published a Quick Guide on the use of cookies outlining compliance action items for organizations that use cookies. The Guide clarifies that the user’s consent must be obtained before the use of non-necessary cookies as set out in the European Union’s e-Privacy Directive. It reaffirms that for consent to be valid, it must be freely given, specific, informed, and an unambiguous indication of the user’s wishes.
Under the new Quick Guide, organizations have the following responsibilities in connection to the use of cookies:
- Do not process any non-necessary cookies without the user’s prior consent:
The user’s consent must be obtained prior to setting non-necessary cookies. The necessary cookies should be interpreted narrowly and are only those that are essential for the functioning of the website, for example, cookies that are used to remember the content of a shopping cart. - Obtain active consent of the user:
An active and positive action must take place for consent to be considered valid. The use of pre-ticked checkboxes does not constitute active consent. Similarly, simply navigating on a website does not mean that the user has accepted the use of cookies. - Provide equal opportunity to accept and reject the use of cookies:
Organizations must make clear to users that they can refuse to consent to the use of cookies. Users should not be misguided/nudged via button sizes, colors, or locations and the first information layer of the cookie consent banner must include the option to refuse to consent to the use of cookies and not just have “yes” and “more information” buttons. - Allow cookie selection by categories:
Organizations must allow users to select and deselect individual cookie categories based on their purposes. - Provide sufficient information to users:
Organizations must provide users with the information about the use of cookies, their purposes, and the expiry dates of cookies, as well as information on parties that are processing cookies and what information is transmitted to parties. - Ensure easy withdrawal of cookies:
Users must be allowed to withdraw their consent at any time in a manner as easily as was for giving consent. - Document consent:
Organizations must document consent for the purposes of compliance. - Inform about any alternative legal bases used for subsequent processing:
Practically, consent is the right legal base for the use of cookies. However, any alternative legal base used for the subsequent processing of personal data should be stated either in the cookie declaration/banner or in the privacy notice. The use of any alternative legal base requires a concrete assessment of the purpose and disclosure of personal data.
Denmark is considered an opt-in cookie consent regime, wherein user’s consent is required before the processing of cookies. Securiti’s Cookie Consent Management Solution can help organizations deploy cookie consent banners in accordance with the afore-mentioned compliance requirements.
Ask for a DEMO to understand how Securiti can help you comply with Danish latest Quick Guide on Cookies, GDPR, and a whole host of other global privacy laws and regulations, with ease.
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On April 13, 2000, the Personal Information Protection and Electronic Documents Act (PIPEDA) received Royal Assent. It came into force in stages, beginning on January 1, 2001. PIPEDA came fully into effect on January 1, 2004. The legislation applies to organizations that collect, use or disclose personal information in the course of commercial activities.
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After the invalidation of Privacy Shield, many companies are relying on the SCCs in order to continue transferring data of EU citizens to companies based in countries who are not deemed adequate for data transfer.
After the CJEU judgement, it is clear that these companies have to conduct Risk Assessments with the data recipients in these countries in order to ensure they have enough controls to mitigate any potential data or regulatory risk.
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On 2nd March, 2019, the Department of Health—Abu Dhabi (DoH), launched the Abu Dhabi Healthcare Information and Cyber Security (ADHICS) Standard. This is the first standard that aims to provide healthcare professionals and entities a comprehensive guide to the regulation of healthcare data in Abu Dhabi. This law ensures the highest levels of privacy and security of patients’ data, in line with international standards, is maintained.
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On January 31, 2020, the government of Saudi Arabia issued the Executive Regulations to the Saudi E-Commerce Law 2019 (“ECL”) that was in effect since October 2019. The Executive Regulations together with the ECL (“Law”) aim to protect consumers’ personal data by requiring organizations to take appropriate technical and administrative measures.
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Turkey was one of the first countries to start the trend of legislating data protection. Turkey published “Law on the Protection of Personal Data No. 6698 (LPPD) covering personal data protection on April 07, 2016.” The LPPD is based on the European Union Data Protection Directive 95/46/EC and has several similarities with the GDPR. It aims to give data subjects’ control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with. The LPPD has also provided comprehensive guidelines for the transfer of personal data to the third parties.
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In December 2019, India, following several other countries' footsteps on the privacy laws' developments, introduced the Personal Data Protection Bill (PDPB) to regulate the processing, collection, and storage of personal data.
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On 13 October 2020, the National People's Congress of the Republic of China submitted the long awaited draft of the Personal Information Protection Law (Draft PIPL) to the Standing Committee meeting for preliminary review. This draft was officially released for the public consultation on 21 October, 2020. The consultation period will last until 19 November 2020.
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The Irish Data Protection Act, 2018 (Irish DPA) implements the General Data Protection Regulation (GDPR) and transposes the European Union Law Enforcement Directive in Ireland. Since it incorporates most of the provisions from the GDPR and the Law Enforcement Directive with limited additions and deletions as per the national law, it is considered to be the principal data protection legislation in Ireland.
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The Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2012 (the “PDPO) is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data, and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.. The Data Protection Principles ( the “DPPs or DPP ''), which are contained in Schedule 1 to the PDPO, outline how entities should collect, handle, disclose, and use personal data.
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In 2012, the Philippines passed the comprehensive privacy law, Data Privacy Act 2012 Republic Act. No, 10173 (the "DPA"). The DPA recognizes the rights of individuals to have more control over their personal data while ensuring a free flow of information to promote innovation and growth.
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The United Arab Emirates (UAE) has a Federal Telecommunication Law ( Federal Law) which requires that a company must hold a license in order to provide public communications services and operate public telecommunication networks. Under this Federal Law, a Telecommunication Regulatory Authority (TRA) was established which regulates the telecommunication sector in the UAE.
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