The European Data Protection Board (EDPB) publishes a list of prohibited elements for deeming "cookie banners" valid
20-02-2023
On 18 January 2023, the European Data Protection Board (EDPB) published the report of the task force, specifically set up to ensure that there is a sort of minimum/common orientation on the elements that must or must not be present within a cookie banner , also in the light of Directive 2002/58/EC and subsequent amendments (ePrivacy Directive), then implemented at national level.
Here is the list of elements that a cookie banner must not have, under penalty of its being illegal:
- Absence of a "reject/do not agree" button at the first information level;
- Presence of pre-selected boxes aimed at obtaining the user's consent to the installation of cookies, where legally necessary.
- Presence of a deceptive hypertext link instead of the already mentioned button;
- Presence of buttons, having a deceptive colouring/contrast;
- Wrong indication as essential of cookies which are not;
- Absence of a withdrawal of consent icon/button, previously provided by the user.