Categories: Insights, Practice

Tag: consenso, Cookies, Garante Privacy


27 Jan 2021

Cookies and other tracking tools: the Guarantor launches a public consultation

On 10 December 2020, the Italian Data Protection Authority (“Guarantor“) launched a public consultation on the “Guidelines on the use of cookies and other tracking tools (the “Guidelines“) drafted on 26 October.

The Guarantor follows indications provided by the European Data Protection Board (“EDPB“) in the “Guidelines 5/2020 on consent under Regulation (EU) 2016/679” of 4 May 2020.

Cookies are small strings of text that websites (publishers or “first parties”) visited by the user or different websites or web servers (“third parties”) place and store on the used device (e.g. Smartphone, PC or Tablet). Cookies allow to collect information and improve the user/data subject’s navigation.

Regulation (EU) 2016/679 on personal data protection (“GDPR“), while not directly modifying the rules on such tracking tools, regulates the personal data processing consent. It established that the consent must be provided by data subjects through a “free, specific, informed and unequivocal manifestation of will (see Article 4, GDPR).

Under the accountability principle”, this focuses on implementing data protection principles by design and by default, making it necessary to analyse the correct way of issuing online privacy policies to users/data subjects and acquiring their consent, where required.

The Guidelines, implementing what was stated by the EDPB, clarify that:

  • “simple scrolling (i.e. “the action consisting in letting the page scroll to show on the screen the part underneath the banner containing the short information”) would never be suitable to fully express the data subject’s expression of will”; or
  • the reiteration of the collection of consent, if no changes have been made to the data processing, through a continuous repetition of the banner (short information notice) at each access, is “redundant and invasive.”

The Guidelines clarify that each data controller must provide data subjects/users with timely information on the processing of their data. This information must be provided on two levels: (i) short information notice or banner containing a link (ii) to the extended privacy policy.

After the public consultation directed at entrepreneurs, consumers, users and operators in the sector, and the analysis, followed by the possible implementation, of the comments received, the Authority will issue the final measure.

Other insights related:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…