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Published on November 10, 2020 AUTHOR - PRIVACY RESEARCH TEAM
Some of the key takeaways of the Updated Guide are set out below:
For consent to be valid, it must be freely granted and informed. The option to “continue browsing”, user click, scrolling, navigation, or any such similar behavior do not constitute valid forms of consent. Consent is deemed to be valid only where the user has made a clear affirmative and unequivocal action. Consent must be given for each specific purpose to ensure granularity.
The information about cookies provided at the time of requesting the user’s consent must be sufficiently complete to allow users to understand its purpose and use. The information must be provided in a concise, transparent, and intelligible manner using clear and simple language. The use of phrases that confuse or distort the clarity of the message should be avoided.
The information about cookies must be easily accessible. The accessibility and visibility can be enhanced in several ways:
In the case of children under 14 years of age, website publishers must make reasonable efforts to verify that the consent for the processing of personal data is given by the holder of parental authority or guardianship, taking into account the available technology and the circumstances of the treatment.
The validity of consent provided by a user for the use of a certain cookie must not have a duration longer than 24 months. During this time, the selection made by the user must be preserved so that the user is not asked to provide consent every single time he or she visits the page in question unless the purpose of cookies is changed.
Website publishers and third parties managing the cookies can define their relationships through contractual arrangements. However, the administrative liability against non-compliance with the cookie consent requirements cannot be contractually transferred to the other party. Therefore, both website publishers and third parties acting as processors must fulfill their respective obligations.
Securiti’s Cookie Consent Banner Solution enables companies to build cookie consent banners in accordance with the applicable legal requirements with cookie auto-blocking, periodic scanning, and preference center features. Securiti’s Universal Consent Management Solution captures consent and automates revocation fulfillment.
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 today to understand how Securiti can help you comply with the consent requirements of GDPR, e-Privacy Directive, Spanish Data Protection Authority’s Guidance, and a whole host of other global privacy laws and regulations, with ease.
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