The Guidelines synthesize the findings of a public consultation
and set out simple methods for informing website users about the
Key topics include:
i) Distinguishing technical cookies from profiling cookies:
technical cookies only require users to be clearly informed and
include browsing/session cookies, first-party analytics cookies and
functional cookies; while profiling cookies require users'
consent to create a user profile and for the website operator and
any third parties to carry out marketing and promotional
ii) A 'double decker' approach to inform users and
obtain consent by providing summary cookie by means of a
'banner' on a website landing page with more detailed
information included in a full privacy notice that is linked to the
iii) Links to third parties that also place cookies on a
user's device to each respective third party's own consent
and privacy notices so users remain fully informed and retain their
ability to consent.
iv) Implementation and sanctions: Garante has given data
controllers one year from the date of publication of the Guidelines
to meet these requirements. Failure to do so carries a range of
sanctions, including a maximum fine of €300,000 and
'naming and shaming'.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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