A task force within the European Data Protection Board (EDPB) issued a draft report in reaction to noyb's 700+ cookie banner complaints. The European Data Protection Authorities (DPAs) largely support noyb's complaints. If implemented, this report could ensure minimum requirements for cookie banners.
Worst Cookie Banners soon gone? Most users mainly associate the GDPR with nerve wracking "cookie banners". The worst cases should soon be gone, since the following common practices are clearly found unlawful under EU law, according to the EDPB draft report:
Ala Krinickytė, data protection lawyer at noyb: "We are very happy that the authorities agreed on the minimum threshold for protections against abusive banners. Cookie banners became the poster child of the GDPR being undermined. We need authorities to take urgent action, to ensure citizens' trust in European privacy laws."
The Draft Decision is a result of DPAs' cooperation within the EDPB's taskforce on cookie banners launched in September 2021 following the filing of more than 500 cookie banners complaints by noyb. The Draft Report reflects the smallest common denominator in the DPAs' interpretation of the applicable law and sets a minimum threshold to assess consent cookie banners. Many national guidelines even go further and noyb equally takes the view that the law requires further protections, for example under the 'fairness' requirement of the GDPR.