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Is cookie consent by scrolling allowed?

How should you obtain cookie consent? When is it needed? How do you implement it? In this post, we’ll analyze the different ways to collect consent to cookies.

Firstly, however, let’s examine the meaning of cookie consent.

What is cookie consent?

In compliance with the general principles of privacy legislation, which prevent the processing before consent, the Cookie Law does not allow the installation of cookies before obtaining user consent.

Consent to cookies must be informed and explicit, and can be provided by a clear affirmative (opt-in) action.

What constitutes valid active cookie consent?

Subject to the local authority, active behaviors may include:

  • continued browsing,
  • clicking,
  • scrolling the page, or
  • some method that requires the user to actively proceed.

💡 Tip: you may favor a click-to-consent method over scrolling/continued-browsing methods as the former is less likely to be performed by user error.

How about cookie consent by scrolling? Is it always allowed?

Contrary to popular belief, many European Data Protection Authorities, such as those in Italy, UK, Ireland, France, Germany, Belgium, and Greece do not regard consent via scrolling as valid.

How do you implement cookie consent?

If your website or app can be visited by European users and installs any non-technical cookies (e.g. via script like Google Analytics or via a Facebook share button), you need to display a cookie banner to inform users that your website/app uses cookies.

Cookie consent banner example

How iubenda can help you create a cookie banner

Our comprehensive cookie management solution simplifies compliance with provisions of the European Cookie Law. It allows you to:

  • easily inform users via cookie banner and a dedicated cookie policy page (which is automatically linked to your privacy policy and integrates what’s necessary for Cookie Law compliance);
  • obtain and save cookie consent settings;
  • preventively block scripts prior to consent.

Our solution allows for the acquisition of active consent via:

  • continued browsing,
  • scrolling, and/or
  • specific clicking action.

About us

iubenda

Cookie consent management for the ePrivacy, GDPR and CCPA

www.iubenda.com

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