The so-called “cookie wall” will not be considered valid, or the banner that prevents access to the site if profiling cookies have not been accepted. In fact, this request would not make the consent given free for the user who wants to access the site without being tracked.
It will then be necessary to insert a link to a dedicated area to allow the user to select the features and third parties with whom to share the information processed by the cookies, also grouped by homogeneous categories. In the footer of the site there must also be a link to the appropriate section to change your choices with a text similar to “review your cookie choices”.
From a design point of view i buttons must be of the same color, shape and size so as not to “push” the user towards a specific choice preferred by the site manager. To promote maximum transparency, the status of the selected cookies should then be indicated on each page of the site, by means of a graphic sign or icon.
In case a profiling cross-device for authenticated users, this circumstance must be disclosed in the information. A classic example is the login made by users on Google products (Chrome, Gmail, Maps, etc.) that allow you to track navigation from desktop to mobile.
I cookie di analytics
I analytics cookies have always had a double nature. Harmless, if the website provided them for statistical reasons; more invasive, if they were provided by third parties that would have facilitated the identification of the user.
In the first case, therefore, they are to be considered equivalent to technical cookies, thus not requiring the user’s consent to be requested. In the second, they become tools for profiling. The guarantor, therefore, in order to decrease the invasiveness of third-party cookies and be able to equate them with technicians, requests that the fourth part of the component of the IP address is masked in order to prevent user identification. Furthermore, they will only be able to track the user on the single site or app and not on other sites that the user will visit, unless they belong to the same business group. Lastly, the data obtained from these cookies cannot be combined with data from other sources or transferred to third parties.
More accessible cookies
The information on cookies can be provided in several ways, including videos, pop-ups, voice interactions, or virtual assistants. Among smart TVs, virtual assistants, smartwatches, the classic policy to be read would not adapt to a clear use and understanding, far from the computer screen. Furthermore, it will be necessary to take into account the needs of those who, due to a disability, have particular needs for assistance.
The War of Cookies
The game of cookies is a game in which guarantors from all over Europe have a lot to play since it comes out of the logic of the GDPR so that it is almost always necessary to wait for Ireland to direct the action. In fact, cookies are not regulated by the GDPR so the guarantors can act autonomously even against large technology companies.
The only France has recently imposed two penalties for over 200 million euros borne by Facebook and Google just contesting a violation relating to cookies, a sanction following another round against Google and Amazon in December 2020 for a total of 135 million. Meanwhile, the European Parliament itself has also received a sanction from the European Guarantor precisely, among other things, due to an untrue cookie banner.