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The importance of the decisions of the Privacy Guarantor lies in the need to regulate a field that is, to say the least, crucial for those who usually surf the internet and for operators in the sector. The Guidelines establish the way in which each website must manage the cookies released on users' devices. First of all, the Privacy Guarantor begins with a necessary premise, which can be summarized as follows. The reference regulatory framework, says the Guarantor, is currently made up of the provisions belonging to directive 2002/58 / EC (the so-called "ePrivacy directive") and subsequent amendments, as clearly highlighted in the national law and in particular in article 122 of the legislative decree of 30 June 2003 (the Privacy Code), as well as in the GDPR itself. The same indications are also present in the official document issued by the European Committee in relation to the protection, storage and management of personal data, published on 25 May 2018, then subsequently updated with the Guidelines adopted in May 2020.
The main changes reported by the Guidelines
The prohibitions confirmed by the Guarantor
How to request the user's consent
The banner is only needed if the website releases profiling cookies
Also in this case the Privacy Guarantor confirms the orientation already expressed in 2014. The purpose is to allow the user to allow / deny the release of profiling cookies. No banner is mandatory if the site intends to release only technical cookies. The banner will not be repeated too often to the user, who may be annoyed by it. The Privacy Guarantor has therefore foreseen that at least six months must elapse from the last presentation, or a further update of the Guidelines is necessary. Finally, it is worth remembering that each site has six months from the publication of the document in the Official Gazette to comply.
These Guidelines were published in July 2021.
The deadline, therefore, falls on January 2022.
Useful forms for the GDPR and the Cookies Law
Author: Loris Modena