Thinking outside the (pre-ticked consent) box

The decision in Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal doesn’t particuarly break new ground, but rather reinforces what we already know about consent to data processing in the EU, namely:

  • That it must be freely given, specific, informed and unambiguous; and
  • Silence, inactivity or pre-ticked boxes don’t meet this standard.

EDPB updates guidelines on consent

The Guidelines update the previous guidelines on consent and transparency, which the Article 29 Working Party adopted on 10 April 2018. The EDPB has published the Guidelines in order to provide further detail on the following points in the previous guidelines:

  • The validity of consent provided by the data subject when interacting with cookie walls.
  • Examples of a consent mechanism in relation to scrolling and consent (see example 16).