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A particular cookies wall has made its appearance, in recent days, on the sites of numerous Italian newspapers and companies connected to the media: if you are not a subscriber, you must give your consent to the tracking of personal data to read the articles. A move that has raised the antennas to the Privacy Guarantor, who has opened an investigation into the practices implemented by the publishers, to understand if they are in line with forecasts of the European Union General Data Protection Regulation (GDPR).
From 9 January 2022, the Privacy Guarantor made the privacy guidelines on cookies, which all sites must take into account when preparing their own cookie policy and the cookie banner that appears at each new access to a website. The Guarantor’s move starts with the introduction of the Gdpr at EU level and by some important rulings on the tracking of users during their online browsing, issued by the Court of Justice of the Union.
Among the innovations introduced in January was invalidated the use of scrolling, or browsing on the sites, as a method to consider automatic the consent of the users to the tracking of their data, and automatic preselection unnecessary cookies, such as profiling and marketing cookies. Furthermore, the legitimate interest can no longer be considered a legal basis in place of the explicit and informed consent of users, to authorize the tracking of their data.
Finally, in its guidelines, the Guarantor has indicated the cookie wall as invalid, i.e. the banner that prevents access to the site if profiling cookies are not accepted. This request, in fact, would not make the consent free for the user who wants to access the site without being tracked.
Although the indications of the Guarantor are clear, in recent days, many sites have put in place systems and filters that reduce the possibility of accessing content to only two options: signing up for a subscription (the so-called paywall) or, alternatively, al release of consent by users for the installation of cookies and other personal data tracking tools, i.e. the cookie wall.
Specifically, this kind of cookie wall is a binding mechanismin which the user actually comes obliged to express their consent to the receipt of cookies, under penalty of inability to access a site. The activation of the cookie wall has sparked many protests, both on the internet and through official channels. In reaction to the numerous reports received, the Privacy Guarantor he then examined the practices of the publishers “In order to evaluate the adoption of any interventions on the matter”.
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