OFFICIAL GUIDELINES, REPORTS AND STATEMENTS
- (2019, Mar) German DSK: Guidance and FAQ on cookies.
- (2019, May) German DSK: guidance on the applicability of the German Telemedia Act, which includes the topic of cookies post-GDPR.
- (2019, Jul) Slovenian DPA: cookie guidance.
- (2019, Dec) Lichtenstein: Data Protection Office publishes view on impact of the Planet49 CJEU decision concerning the use of cookies (article in English).
- (2019, Dec) Hogan Lovells: Recent Developments on Cookies – a Pan-European Overview.
- (2019, Dec) Dutch DPA: Cookie Compliance Statement.
- (2020, Feb) Danish supervisory authority (Datatilsynet): practical advice on “the most common pitfalls to avoid” when developing and implementing cookie consent banners (see here an article in English).
- (2020, Apr) Irish DPC: guidance note on the use of cookies and other tracking technologies.
- (2020, Apr) Belgian Data Protection Authority: guidance in relation to the use of cookies.
- (2020, Apr) Irish DPC: report on the use of cookies and other tracking technologies.
- (2020, May) Finnish authorities publish updated cookie guidelines, in the aftermath of the Planet49 decision.
- (2020, May) EDPB: Guidelines on consent, now including the consequences of “cookie walls” and scrolling – both do not constitute valid consent.
- (2020, May) French CNIL: publishes updated draft guidelines on cookies.
- (2020, Jun) German DPAs (DSK): resolution on the use of Google Analytics in the non-public sector. This resolution is designed to supplement the “Guidance from Supervisory Authorities for Telemedia Providers,” which was adopted by DSK in March 2020.
- (2020, Jul) Spain published guidance on the use of cookies (English version available here). An updated guidance on this topic was published on 28 July and is available here in Spanish.
- (2020, Oct) The French data protection authority (‘CNIL’) issued the final version of its guidelines on the use of cookies and other trackers, replacing a first draft published on July 4, 2019 (the press release is available in English and the guidelines and recommendations are available only in French).
REPORTS AND ARTICLES FROM OTHER ORGANISATIONS
- (2019, Apr) Article: The Impact of User Location on Cookie Notices (Inside and Outside of the European Union) (available on SSRN).
- (2019, Nov) Eduardo Ustaran writes on Getting cookie consent right.
- (2019, Nov) Academic study on cookie consent notices from the Ruhr-Universität Bochum in Germany and the University of Michigan on the impact of consent notice design.
- (2020, Jan) Cornell University: Dark Patterns after the GDPR: Scraping Consent Pop-ups and Demonstrating their Influence.
- (2020, Feb) DataGuidance: Comparative law article regarding the cookie privacy policy throughout the EU.
- (2020, Apr) Georg Philip Krog: Signatu launches its cookie consent solution. By one click, you can scan and automatically generate a cookie banner. The banner can be styled, the texts can be edited and the banner has 4 layers.
- (2020, Jun) BBC News: Lawsuit for tracking in ‘private’ mode – Google has been sued in the US over claims it illegally invades the privacy of users by tracking people even when they are browsing in “private mode”.
- (2020, Sep) Cookie status – a new resource which informs users about the various tracking protection mechanisms implemented by the major browsers and browser engines.
CASES, SANCTIONS AND CLAIMS
- (2019, Mar) The AG has provided his Opinion in the CJEU Planet49 case, concerning the collection of valid consent for placing cookies. Read more on this topic in the PrivacyOne analysis.
- (2019, Aug) Settlement in the case of Google’s Doubleclick.net cookies that were bypassing privacy settings from Safari and Internet Explorer.
- (2019, Oct) The Spanish DPA fined an airline company with 30,000 eur for non-compliant use of cookies and similar technologies on its website.
- (2019, Oct) Illegal use of Google Analytics under scrutiny in Germany.
- (2019, Dec) The Belgian DPA litigation chamber decides on a case concerning the use of cookies (see here a summary in English).
- (2020, Jan) German Data Protection Authorities (DSK) discuss, among other, wide inspections of media websites that use online tracking tools.
- (2020, May) Consent in online contexts – the German Federal Court of Justice’s decision on Planet49 and Facebook.
- (2020, Jun) The Spanish Data Protection Authority imposed a fine of €30,000 against Twitter for unlawful cookie banner.
- (2020, Jul) French court ruling on ‘cookie walls’ leaves ad tech sector in state of limbo – France’s highest administrative court rules that the CNIL’s ban on cookie walls is unlawful, stating “a ‘general and absolute prohibition’ to implement cookie walls cannot be inferred from the sole requirement to obtain ‘free’ consent under the GDPR”.
- (2020, Sep) Cookie banners – Are cookie banners indeed compliant with the law? Deciphering EU legal requirements on consent and technical means to verify compliance of cookie banners.
