The European Data Protection Committee, the body that brings together all the data protection agencies of EU member states, has published a draft decision that questions wrongdoings Many websites encourage their users to accept it cookies Navigation.
The said report, which is not yet final, is the result of an investigation that concerns both the Committee, which answers to the acronym EDPB in English, and the National Data Protection Agencies. The process began in September 2021 after Noyob, an association in defense of privacy, registered more than 500 complaints
Noob announced a massive process against hundreds of European pages in the summer of that year. Among them, fifty Spanish companies, such as Renfe or Telefónica, were pointed out for using these bad practices related to the way they obtain the consent of their users to access them. cookies to navigate its pages.
Since the implementation of the General Data Protection Regulation (RPGD) in May 2018, many users With these “curious drop-downs” of “this European standard is associated with” cookies, Every time you enter a page for the first time, a message appears. pop up oh one Banner that explains to users that if they browse the site, some cookies,
The problem that Noyob denounced in 2021 is that many of these drop-downs appeared With the “Accept” option checked by default, or even highlighted in a single color—for example, green. In other cases, these dropdowns were informational only, and if the user wanted to decline the installation of cookies On their device they had to click on a series of links.
They were, Noyb concluded, design patterns that made them a valid option to reject. cookies A very involuntary process. This type of design, also known as dark patterns, is the way digital platforms ask their users to do what they expect.
In addition to the more than 500 complaints filed against European companies for these questionable practices Banner regarding acceptance of cookiesNoyab came to file 200 more complaints—Total 700 from March 2021— for bad practices related to this process.
Of earlier Wait This association of European activists in defense of privacy improved its practices by displaying messages from at least “56% of respondents” cookies Clear and fair with users. Companies that reformed their practices include names such as Coca-Cola or Mastercard.
So far 60 cases have been solved. Some of them had to be referred to the courts, such as a process against the Bavarian Data Protection Authority. “Unlike other controlling officers, The Bavarians did not act against A. Banner clearly misleading that prompted users to give their consent [a la instalación de cookies],
EDPB is declared for the first time
With the EDPB’s draft decision, Noyeb understands that his complaints have received a boost. The documents are actually guidelines shared by European data protection agencies to determine what the future holds. Banner Which may be too opaque to users and which may not.
Ala Krinickytė is a lawyer specializing in data protection at Noyb: “We are very pleased to see that the authorities share the minimum standards to protect us from Banner Offensive. loss Banner of cookies They have become child alarms that the GDPR was being undermined. We need immediate action.”
However, the agencies do not rule out all the aspects that this unit condemned. For example, there is no reference to whether it is OK for these dropdowns to prompt users to accept it cookies through colorsgreen for accept, red for reject, Noyob understands, in these cases, that the discussion will continue in the future.
The text of the European Committee for Data Protection is not final and Felix Mikolach, another lawyer specializing in data protection at Noyb, confirmed this Going forward “clear guidelines” are necessary to protect users.
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ok cookies The days of advertising companies are also numbered. Google, one of the largest providers of these services, will replace the controversial cookies throughout this year by a new technology, which This has the entire advertising industry in suspense.