On June 10th, 2021, the Italian Data Protection Authority (Garante per la protezione dei dati personali) has published new guidelines for cookie usage. It comes after 6 months of public consultation on cookies topic.
What are the modalities ?
Any website that have users based in Italy are concerned by these new guidelines.
The deadline to comply is set at January 10th, 2022.
What are the guidelines ?
- Cookie banner
- “Accept” and “Reject” buttons are required.
- The user’s personal data storage period must be specified.
- The user must be able to give/withdraw consent granularly according to purposes and providers.
- Users must be able to access and edit their tracking preferences at any time after setting their initial preferences.
- New specifications for the accessibility of cookie information in relation to persons with disabilities;
2. What is a Consent and how to collect it
- The act of giving consent must be “free, specific, informed and unambiguous”
- An ‘X’ button must be present on the cookie banner so users can continue navigating without being tracked by cookies.
- Scrolling is not a clear, affirmative positive action from the user to collect consent.
- Cookie walls are not allowed
3. Analytics Cookies
- First-party analytics cookies may be placed without collecting users’ consent (and prior blocking).
- Third-party analytics cookies may be placed without collecting users’ consent (and prior blocking) only under certain conditions.
4. Validity of consent
- Consents collected before the publication of the new Garante Guidelines on cookies, if they comply with the characteristics required by the Regulation, are valid as long as, at the time of their acquisition, they have been recorded and can therefore be documented.
- The banner may not be shown to users before 6 months have passed since the consent was collected.
5. Proof of consent
- You need to be able to prove that consent was obtained according to the standards of the GDPR.
Some concrete examples of compliant privacy banners :
How to be compliant with the Italian guidelines with TrustCommander ?
Our Consent Management Platform TrustCommander helps you to be compliant in a simple way without loosing performance or visibility. Fast to set up, Easy to manage, personalized, TrustCommander is the solution you needed to be compliant before January, 10th, 2022 !
The advantages of TrustCommander:
- Personalisation: create banners and preference centres that reflect your company
- Conformity: Banners compliant with the data protection authority GDPR, CCPA, UABG
- Cookies categories: categorise your cookies to simplify user preferences
- Evidence of consent: Retain and ensure traceability of all evidence of user consent
- Detailed reports: assess your consent strategy by analysing the opt-in rates
- Compatibility: Combine TrustCommander with TagCommander and also with other TMS systems and your hardcoded and hybrid tags.