Italian Data Protection Authority’s Decision on information and consent requirements for the use of cookies — doc. web n. 3118884

Published on June 3, 2014 on the Italian Official Gazette no. 126, the May 8, 2014 Italian Data Protection Authority (GPD)’s decision on the use of cookies by websites. Individuazione delle modalità semplificate per l’informativa e l’acquisizione del consenso per l’uso dei cookie.

The GPD orders that pursuant to Articles 122(1) and 154(1)(h) of the Privacy Code, websites must inform users of the use of cookies and other tools installed by the website or through the website by third parties. The GPD orders that as soon as a user accesses the home page (or other page) of a website,

“a banner of appropriate dimensions containing the following information must immediately be visualized:

(a)           that the website uses profiling cookies for the purpose of sending users advertisement consistent with the preferences users expressed by browsing the website;

(b)           that the website also enables third-party cookies (if this happens);

(c)            a link to a full privacy policy, which must contains also the following information:

·      use of cookies and analytics;

·      ability of users to choose which of the cookies they want to authorize;

·      ability of users to express their choice about use of cookies also through the browser setting, detailing at a minimum the procedure to make that choice;

(d)           the information that users can deny the consent to any cookies at the privacy policy page;

(e)           the information that by continuing to use the website — accessing other areas of the website or selecting an element of the website (e.g., a picture or a link) –  a user impliedly consents to the use of cookies.”

The full decision (in Italian) is here