Therefore, the European Committee, in May, reviewed the Consent Guidelines, deeming that “keep browsing” is not a valid form of consent and that “cookie walls” may entail that consent isn’t free, and, therefore, isn’t valid either.
However, after reviewing the Consent Guidelines 5/2020, the EDPB has stated that the “keep browsing” option is not a valid form of consent, since those actions may be difficult to distinguish from other user interactions in the site web. Hence, it would not be possible to interpret the consent as unmistakable as the case would be if the user clicked “accept”, and at proof level this latter is the most appropriate form.
The AEPD has granted 3 months in order to implement the new criteria, and therefore, they should be operative by the end of October 2020. Accordingly, the mechanisms to obtain consent should be reviewed and adapted in every web site o platform using cookies.
At Belzuz Abogados, as a law firm with expertise in digital and IT law, we will be delighted to provide services of guidance and to update and adapt the new criteria on cookies.
Belzuz Abogados SLP
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