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Published on November 26, 2021 AUTHOR - PRIVACY RESEARCH TEAM
Let’s look into some of the key points highlighted by the CNPD in this Guidelines:
The user’s consent is not needed for the use of essential cookies or other corresponding technologies. Essential cookies are those that are either used to carry out the transmission of a communication over an electronic communications network or are strictly necessary for the provision of the services explicitly requested by the user. This includes cookies used for the following purposes:
All non-essential cookies and similar tracking technologies require the consent of the user. This includes cookies used for the following purposes:
Consent for the use of non-essential cookies must be informed, freely-given, specific and unambiguous. The CNPD recommends websites to contain the following information in their cookie consent banners:
For consent to be freely-given, the CNPD reminds data controllers to avoid the use of any dark patterns while obtaining consent from users. It provides the following list of dark patterns that must be avoided in all circumstances:
The idea is that data controllers must not mislead users, consciously or unconsciously, and present accept and reject choices in an identical manner. Moreover, users must be able to provide consent to cookies based on their purposes.
Withdrawing consent must be as simple and easy as accepting cookies. Where the “I accept all” button is shown on the first information layer of the cookie banner, the “I refuse all” button must also be displayed on it. The CNPD emphasizes that the user must be able to withdraw consent, for example, by means of a clear link titled “Cookie Management” displayed at the bottom of each page or a floating icon.
After the period of 12 months, consent must be requested again from the user. Consent may be requested earlier in case of any change of data categories, processing purposes, or any other significant change with respect to user’s choice. The CNPD also recommends maintaining records of consent in a time-stamped manner for the purposes of demonstrating compliance.
Securti’s Cookie Consent Management Solution enables organisations to build cookie consent banners in accordance with the applicable legal requirements. It can help you comply with Luxembourg’s Guidance on cookies with the help of the following features:
Some of our features
Provide a simple and secure way for your visitors to exercise their right to opt out of the sale of their information to advertisers.
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|IAB EU TCF v2.0 support|
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