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Fonte: Data Matters

Recently, the Dutch Supervisory Authority (the “Autoriteit Persoonsgegevens” or “Dutch SA”) has taken the position that the use of so-called “cookie walls,” whereby website access is made conditional upon the provision of consent to tracking cookies, is not compliant with the EU General Data Protection Regulation (“GDPR”).

Since the entry into application of the GDPR, many websites accessible from the EU have implemented mechanisms (including cookie banners) allowing users to consent to the use of cookies. Pursuant to the e-Privacy Directive 2002/58 (“e-Privacy Directive”), companies must obtain consent for placing cookies that are not “strictly necessary”. The Dutch SA had received complaints from website visitors indicating that some websites refuse website access to visitors who do not accept the use of tracking cookies or other technology allowing the tracking of user behavior online. According to the Dutch SA, use of online tracking technology is one of the most invasive data processing activities considering that virtually everyone is active on the internet and therefore potentially subject to online tracking. It is therefore key to obtain valid consent from website users before engaging in any tracking activity.

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