EU: EDPB publishes updated guidelines on consent under the GDPR
The European Data Protection Board (EDPB) has adopted updated guidelines on consent under the GDPR (hereinafter “New Guidelines)”. The New Guidelines supersede the guidelines on consent originally adopted by the EDPB’s predecessor on 10 April 2018 (hereinafter “2018 Guidelines”) subsequently endorsed by the EDPB.
The New Guidelines clarify the EDPB’s position on two specific issues: Pursuant to the EDPB i) consent regarding cookie walls would not be valid if the access to a website is conditional on accepting non-essential cookies and ii) user actions like scrolling and swiping on a webpage would not satisfy the requirements for valid consent. Besides these two clarifications, there are no other major changes from the EDPB’s position set out in the 2018 Guidelines.