The Brazilian data protection authority (ANPD) has published new guidance on cookies. In the table below we’ve highlighted some important aspects of the guidance.
🔎 For a more in-depth review of the content in the table below see our Brazil: New Cook Requirements →
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Questions
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🇧🇷 Brazil
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|---|---|
| Is consent by scrolling valid? |
NO |
| Are explicit “accept” AND “reject” buttons required to be on the cookie notice? |
YES The wording proposed by the Authority for this button is the following: “Reject cookies that are not necessary”. |
| Must accept and reject options be equally conspicuous (equal prominence requirement) |
YES
The accept button must be as prominent as the “Reject” button. |
| Is the prior blocking of cookies necessary where consent is required? |
It has not been explicitly required by the Authority’s guidelines |
| Must cookies be listed one by one? |
NO Cookies shall be listed by Category. |
| What should I include in the First Layer of my Cookie banner? |
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| What should I include in the Second Layer of my Cookie banner? |
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| Must consent be granular on a per-purpose basis? |
YES However, please note that the list of cookies presented for the collection of consent must not be too granular as this would lead to a hindrance for the users to express their will in a clear and positive manner. |
| Should withdrawing consent be as simple as giving it? |
YES Users must be able to revoke the consent provided for the use of cookies at any time in a simplified and free-of-charge manner. |
| Is the use of a consent banner recommended? |
YES |
| Are strictly necessary cookies exempt from the consent requirement? |
YES |
| Do third parties have to be listed and identified? |
YES Sharing of personal data with third parties must be provided in your cookie policy. |
| Are pre-ticked boxes allowed? |
NO |
It is simple to respect Brazil’s cookie requirements with iubenda.
Simply begin generating, and depending on where you and your users are based, our configuration process will recommend the appropriate options, such as LGPD protection.
Additionally, our solution has a geo-location capability so that you can always show the appropriate notices and guidelines to the users you need to.
We’ve created a checklist of the steps you must do to comply with Brazil’s latest cookie requirements for your convenience.
