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EDPB Guidelines on Consent in Relation to ‘Cookie Walls’

EDPB Guidelines on Consent in Relation to ‘Cookie Walls’

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On 4 May 2020 the European Data Protection Board (‘EDPB’) issued important Guidelines on the practice of websites using so-called “cookie walls”.

Under the regulations of GDPR, website providers are obliged to obtain the visitors’ consent to store a cookie on their device. A cookie is a small text file that is downloaded onto a ‘terminal equipment’ (e.g. a computer or smartphone) when the user accesses a website. It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions. Experience has shown that many website providers put into place a script that will block content from being visible except for a request to accept cookies and the information about which cookies are being set and for what purposes data will be processed. In these cases, there is no possibility to access the content without clicking on the “Accept cookies” button. According to the Guideline, since the data subject is not presented with a genuine choice, its consent is not freely given.

EDPB also stated in its Guideline that those activities on a website, which are not especially related to giving a consent, such as simply scrolling down the page, cannot be considered as a given consent.

The importance of the above Guideline is not only to harmonize the different practices in the EU, but also to warn website providers that failing to comply with GDPR requirements may result in a fine.

By Adrienn Megyesi, Attorney at lawKCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

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