The Italian Garante new guidelines for cookies use

September 07, 2021 | 94 0

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.

The aim of these new guidelines is to identify the legal requirements applicable to the use of cookies and to suggest technical solutions to correctly implement these obligations and avoid sanctions.

So even if you think your banner is GDPR compliant, re-read the main points of the Italian authority because there are some new features you may not have included yet!

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.

The penalties if you do not comply with these new guidelines are as follows:

  • Omission or inadequate information : from 6000 to 36.000 euros
  • Installation of cookies without consent : from 10,000 to 120,000 euros

What are the guidelines ?

1. Precision of what is a Consent and how to collect it

  • The act of giving consent must be “free, specific, informed and unambiguous”
  • There must be a command (e.g. an ‘X’) to close the banner without giving consent to the use of cookies or other profiling techniques by maintaining the default settings.
  • Scrolling is not a clear, affirmative positive action from the user to collect consent.
  • Cookie walls are not allowed.

2. About cookie banner

  • “Accept” and “Reject” buttons are required.
  • The user’s personal data storage period must be specified.
  • The banner must contain a link to the privacy policy.
  • 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;

3. Analytics and technical cookies

  • Analytical cookies require consent (subject to certain conditions)
  • Technical cookies do not require consent

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.

In concrete terms, what is a good cookie banner?

  • Sufficient size to create a graphic discontinuity with the rest of the site, but not such as to push the user to make unconscious choices simply to get rid of it
  • Responsive, clear colour and font, easy to distinguish
  • Short information with a link to the extended cookie policy

Some 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, personalised, TrustCommander is the solution you needed to be compliant before January, 10th, 2022 !

If you already have a banner set up, you can easily modify it to adapt to changes in regulations, including this latest one and, who knows, future ones too.

You can create different banners and perform a/b tests to see which one performs better.

The cookie scanner helps you identify and catalogue the cookies in your properties.

If you need help, support and consultants are at your disposal.

Why should you choose TrustCommander ?

  • Personnalisation: create banners and preference centres that reflect your company
  • Conformity: Banners compliant with the data protection authority, GDPR, CCPA, IABG
  • 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 with TrustCommander and also with other TMS systems and your hard coded and hybrid tags.

Contact us if you want to know more about TrustCommander !

 

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