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Italy’s New Guidance on Cookies and Similar Tracking Technologies
Published on February 15, 2021 AUTHOR - PRIVACY RESEARCH TEAM
With the increasing use of cookies and similar tracking technologies, data privacy laws all around the world are increasingly requiring organizations to obtain user’s consent before the use of such technologies. Consider the opt-in consent regime of the European Union, which requires organizations to not load any non-essential cookies on their web pages unless and until they have displayed the cookie consent banner and users have accepted the use of cookies.
On 10 December 2020, the Italian data protection authority (Garante) also revised its guidelines on the use of cookies and similar tracking technologies. These Guidelines were opened for public consultation for 30 days and are now expected to be effective soon.
Some of the key points of the new Guidelines are set out below:
— Privacy-by-design and Privacy-by-default
Privacy-by-design refers to integrating data protection considerations in the design stage. Privacy-by-default, on the other hand, requires organizations to ensure, by default, that the strictest privacy setting is available to the user. Garante reaffirms these two principles, as set out in the General Data Protection Regulation (GDPR), and requires organizations to not drop any non-essential cookies or other tracking technologies without obtaining the user’s consent. Similarly, organizations should not make use of cookie walls or pre-selected checkboxes to obtain the user’s consent and all non-essential cookies must be disabled by default.
— Technical and Profiling cookies:
Garante recognises that there are two main categories of cookies: technical cookies and profiling cookies.
- Technical cookies are used for the sole purpose of transmitting a communication over a network of electronic communication or to the extent strictly necessary to provide the service explicitly requested by the user. Data controllers that use only technical cookies are exempted from the obligation to obtain user’s consent but they must provide general information to users about the use of such cookies.
- Profiling cookies are used to identify individuals, build their profiles, analyse their behavior, and send them targeted and personalised advertisements. Data controllers must obtain user’s consent before the use of such cookies.
— Analytics cookies
Garante identifies that analytics cookies can be considered technical cookies under certain circumstances and would therefore not require the user’s prior consent. In that case, the use of such analytics cookies must be able to create a reasonable uncertainty as to the identity of the user. This is usually obtained by integrating the structure of the IP address within the cookie and masking portions of the same IP address. Such data minimization measures significantly reduce the identifying power of analytics cookies, and therefore, the cookies can be classified as technical cookies.
— Active and Passive identifiers
Garante’s new Guidelines apply equally to cookies and passive identifiers such as fingerprinting. The Italian data protection authority recognises that fingerprinting is the most common and increasingly used passive identifier to identify users’ devices, build users’ profiles, analyse their behavior, and display personalised advertisements. However, unlike cookies, the user is unable to directly and independently stop the profiling in case of the use of fingerprinting but instead, the user has to resort to the data controller.
— Scrolling
In general, scrolling down a website, inactivity on the part of the user, or any other similar action does not constitute valid user’s consent for the use of cookies and other tracking technologies. However, when scrolling down a website is part of a complex series of actions which generates a specific pattern clearly showing the choice of the user to the website manager, it can be considered an unequivocal consent of the user to the use of cookies and other tracking technologies. Website managers are encouraged to make use of advanced methods based on the “dynamic web” to express consent, rather than using traditional virtual buttons. However, users must be informed of the use of such alternative methods.
— Cookie consent banners and granularity of information
To ensure that the user is provided with an equal option of accepting the use of cookies and withdrawing it, organizations must use buttons of the same size, emphasis, and colors. The buttons must be equally easy to see and use to ensure that the user is not influenced by the design choice. Garante recommends organizations to display granular and layered information in cookie consent banners. The first information layer of the cookie consent banner must include the following:
- Minimum information on the use of technical and profiling cookies,
- A link to the privacy policy or extended information located in the second information layer,
- An indication that the continuation of the navigation through a positive and unequivocal action will constitute the user’s consent, provided that such action is freely given, specific, informed, and unambiguous,
- The possibility of consent to the use of all cookies and other tracking technologies,
- A link to a webpage whereby the user can make granular cookie choices based on cookie purposes, as to the functionalities, the third parties and the categories of cookies to be installed,
- A command to close the banner and deny consent to the use of cookies and other tracking technologies.
The extended cookie policy, on the other hand, must consist of all of the information required to be presented under Articles 12 and 13 of the GDPR. This includes the following information:
- Data controller’s name and identity,
- Data processors’ names and identities,
- Recipients or categories of recipients of personal data,
- Purposes of data processing,
- Retention periods for personal data,
- Information on how users can exercise their rights under the GDPR including the right to make an access request,
- Information on appropriate safeguards and any potential risks in relation to cross-border data transfers,
- Information to lodge a complaint to the supervisory authority.
— Recollection of consent
Organizations are not required to recollect consent at every visit of the website user. However, they must record consent to be able to demonstrate that valid consent has been obtained from the user. Organizations must reaffirm a user’s consent where the conditions of the collection of consent have changed or if they are not aware that cookies have already been installed on the user’s device in order to be re-transmitted.
Overall, the new Guidelines align with the GDPR which requires organizations to process personal data lawfully, fairly, and transparently. The Guidelines also adhere to the requirements of the e-Privacy Directive and the European Data Protection Board’s guidelines on consent, released on 4 May 2020.
How Securiti can help?
Organizations are now encouraged to bring their cookie consent practices and cookie consent banners in line with the new Guidelines to avoid the imposition of any fines or penalties.
Securiti’s Cookie Consent Management solution enables organizations to build cookie consent notices in accordance with the applicable legal requirements with cookie auto-blocking, periodic scanning, and preference center features.
Scan your website and maintain GDPR/CCPA/LGPD compliant cookie consent - FREE
Provide a simple and secure way for your visitors to exercise their right to opt out of the sale of their information to advertisers.
Ask for a DEMO to understand how Securiti can help you comply with Italy’s updated guidelines on consent, GDPR, and a whole host of other global privacy laws and regulations, with ease.
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- Automate erasure requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess China’s Draft PIPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate the processing of rectification requests
- Automate object and restriction of processing requests
- Automate erasure requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess DPA readiness
- Map data flows
- Manage vendor risk
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate the processing of rectification requests
- Automate erasure requests
- Automate object and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess PDPO readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate the processing of rectification requests
- Automate erasure requests
- Automate object and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess DPA readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Continuous monitoring and tracking
- Automate People Data Graph
- Monitor and track consent
- Assess TRA CPR readiness
- Map data flows
- Manage vendor risk
- Customize DSR Request Portal
- Automate Data Subject Access Request Handling
- Secure Fulfillment of Data Access
- Automate Processing of Rectification Requests
- Automate Erasure Requests
- Automate Objection & Restriction of Processing Requests
- Continuous Monitoring & Tracking
- Automate People Data Graph
- Meet Cookie Compliance
- Monitor & Track Consent
- Assess PIPA Readiness
- Map Data Flows
- Manage Vendor Risk
- Breach Response Notification
- Customize DSR Request Portal
- Automate Data Subject Access Request Handling
- Secure Fulfillment of Data Access
- Automate Processing of Rectification Requests
- Automate Erasure Requests
- Automate Objection & Restriction of Processing Requests
- Continuous Monitoring & Tracking
- Automate People Data Graph
- Meet Cookie Compliance
- Monitor & Track Consent
- Assess Japan APPI readiness
- Map Data Flows
- Manage Vendor Risk
- Breach Response Notification
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess Qatar DPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess Bahrain PDPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Privacy Policy & Notice Management
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess Bahrain PDPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Privacy Policy & Notice Management
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess Bahrain PDPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Privacy Policy & Notice Management
BackSnowflake is a cloud based data warehouse that allows organizations to run large scale data analytics projects to uncover business insights, run or train machine learning models, and modernize their data infrastructure.
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The Amazon S3 (Simple Storage Service) is a web-service which allows for scalable storage solutions for data archival, backup, and recovery purposes.
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Microsoft O365 is the ubiquitous productivity suite for every business worker. Users rely on Office products such as OneDrive and SharePoint to collaborate with their co-workers.
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Organizations want to migrate their on-premises data to cloud data stores to take advantage of scale and flexibility while reducing operational cost of managing on-premises infrastructure. However, due to privacy regulations such as GDPR, CCPA administrators have to ensure that data is migrated in compliance with these laws.
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Protecting sensitive content is a priority for all organizations, however, due to volume of sensitive content and
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While data aids in business decision making, global privacy regulations such as GDPR, CPRA require organization to identify personal & sensitive data & use only for its intended purpose and implement adequate protection.
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Securiti enables organizations to meet multiple regulations around the world and helps with compliance requirements through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities and AI-driven process automation.
Securiti is a complete PrivacyOps Solution.
View all solutionsThe California Consumer Privacy Act (CCPA) was signed into law on June 28, 2018 and is scheduled to come into effect on January 01, 2020. Often compared to GDPR, CCPA protects consumers from mismanagement of their personal data and gives the consumer control over what data is collected, processed, shared or sold.
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The California Privacy Rights Act (CPRA) will take effect from January 1, 2023, and will apply to personal information collected on or after January 1, 2022. Enforcement of the CPRA will start six months later (July 1, 2023). The CPRA builds upon the CCPA, strengthening user privacy for California residents.
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The EU General Data Protection Regulation (GDPR) came into effect on May 25, 2018 and changed the global privacy landscape. It has broadened the definition of processing activities and personal data, impacting companies worldwide, and has tightened the rules to obtain consent before processing information.
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The Lei Geral de Proteção de Dados (LGPD) is modeled with similarities to the General European Data Protection Regulation (GDPR) and contains sixty-five articles. It was approved on August 14, 2018 and its validity has undergone several changes, the last relevant fact being MPV 959. LGPD is in effect since September 18, 2020. The sanctions by the ANPD (Brazilian Data Protection Authority) were postponed to August 2021. The LGPD allows people have more rights over their data and expects organizations to comply with their regulations or face heavy penalties or fines.
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The government of New Zealand has recently replaced its long-existing Privacy Act of 1993 with a modernized version, the Privacy Act 2020. The New Zealand Privacy Act 2020 (NZPA) will take effect from December 1, 2020.
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The Personal Data Protection Act, B.E. 2562 (2019) ('PDPA') is Thailand's first consolidated data protection law, which was published in the Thai Government Gazette on 27 May 2019. This law was said to go into effect on 27 May 2020. However, in May 2020, the Thai Cabinet through a Royal Decree has deferred the enforcement of certain data protection provisions of the PDPA until 31 May 2021.
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In order to protect the data of individuals in South Africa, Parliament assented to the Protection of Personal Information Act (POPIA) on 19th November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the remaining sections (excluding section 110 and 114(4)) was 1st July 2020. As per the Regulator’s Operational Readiness Plan the Regulator will be able to take enforcement actions for the violation of POPIA by July 1st 2021.
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The DIFC Data Protection Law, 2020 lays down regulations regarding the collection, disclosure and processing of personal data in the DIFC, a special economic zone in Dubai. It also gives rights to individuals whom the personal data relates to and provides power to the Commissioner of Data Protection to enforce the law, enact regulations and approve industry-wide Codes of Conduct.
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The Australia Privacy Act 1988 (Privacy Act) was enacted to protect the privacy of data subjects and regulate how Australian agencies and organizations with an annual turnover of more than $3 million handle their customers’ personal information.
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Singapore’s Personal Data Protection Act (PDPA) comprises various provisions governing the collection, disclosure, use, and care of personal data. It recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate and reasonable purposes.
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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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South Korea has a general law and several special laws that cover data protection and individuals' privacy. South Korea's data protection regime is considered one of the strictest data protection regimes owing to its notification requirements, opt-in consent, extensive data subject rights, mandatory data breach notifications, and heavy sanctions in case of non-compliance.
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The Act on the Protection of Personal Information (the "APPI'') regulates personal related information and applies to any Personal Information Controller (the “PIC''), that is a person or entity providing personal related information for use in business in Japan. The APPI also applies to the foreign PICs which handle personal information of data subjects (“principals”) in Japan for the purpose of supplying goods or services to those persons.
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Qatar is the first gulf country that has passed a national data privacy law and has paved the way for all other gulf countries to follow suit. In 2016, Qatar enacted Law no. 13 Concerning Personal Data Protection (the “DPL”). Qatar became the first Gulf Cooperation Council (GCC) member state to issue an “European Style” applicable data protection law. The DPL establishes a certain degree of personal data protection, provides data subject rights, and prescribes the guidelines for organizations for the processing of personal data within Qatar.
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Bahrain has become a part of the countries that have enacted a data privacy regulation to protect the rights of their residents. On 12 July 2018, Bahrain drafted its law on data protection regulation, Law No. 30. This then went on to go into effect on the 1st of August 2019 as the Bahrain Personal Data Protection Law (PDPL) and supersedes all other laws. The PDPL recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate purposes.
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After the Success of the California Consumer Privacy Act (CCPA) in California, Virginia is now following the same path. The Virginia Consumer Data Protection Act (VCDPA) has been passed and will go into effect on 1st of January 2023. This law is closely designed after the newer California Privacy Rights Act (CPRA) but with a few significant and important differences.
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After the VCDPA in Virginia, Colorado has closely followed suit and has passed their own comprehensive data privacy law to protect the personal data of the residents of Colorado.The Colorado Privacy Act (CPA) was signed into law on the 8th of July, 2021 and has been modelled closely after the VCDPA.
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