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Scrolling as Consent – Italy

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The Italian Data Protection Authority stated the following in 2014 regarding obtaining consent for cookies:

1. That if the user continues browsing by accessing any other section or selecting any item on the website (e.g. by clicking a picture or a link), he or she signifies his or her consent to the use of .

This statement no longer holds, due to the new GDPR guidelines and a specific lawsuite (Planet49) last October.

Below text might shed some more light when GDPR can overturn existing, Italian guidelines:

“The decisions and the authorizations issued by the Italian DPA, the Garante per il trattamento dei dati personali, under the regime prior to the GDPR as well as the existing Ethical Codes will remain in place “to ensure continuity“, up until they are updated by the Italian DPA “provided that they are compatible” with the GDPR.”

Scrolling as consent is not compatible with the GDPR and is therefore not implemented in Complianz for EU countries. For opt-out countries, like the United States consent ons scroll is available.

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