Hacker News new | past | comments | ask | show | jobs | submit login

This is a more complicated question that it seems!

Cookie banner are not directly related to the GDPR, but to the Eprivacy directive, which, not being a Regulation, is subject to variation in national law transcription. So the answer may vary depending on your country!

Still in an effort to have a uniform position on the question, DPAs( Data protection agency) are working at the EDPB (the European Data Protection Board, a sort of council of DPAs) to have a common position.

One of the currently shared position is that a cookie wall impedes the "free" part of the consent, since you have to support a negative consequence.

In a communication regarding the (future?) Eprivacy regulation, the EDPB clearly stated that:

"In order for consent to be freely given as required by the GDPR, access to services and functionalities must not be made conditional on theconsentof a userto the processing of personal data or the processing of information related to or processed by the terminal equipment of end-users, meaning that cookie walls should be explicitly prohibited." [1]

If I remember correctly the Austria DPA is not of favor of a cookie wall ban though..

From memory, not a legal advice!

EDIT: try to make the explanation clearer!

[1]: https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_sta...




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: