Cookies and trackers sat on a wall, cookies and trackers had a great fall…
Dutch data protection authority, Autoreitpersoonsgegevens (AP), holds that the practice of a cookie banner that does not allow you to enter a website unless you accept tracking cookies (known as a “cookie wall”) is not permissible under the EU General Data Protection Regulation (GDPR).
If companies want to track people using tracking cookies, tracking software or other digital methods, they must get the users’ consent for this. In the case of so-called ‘cookie walls’ on websites (no permission means no access), consent is not duly given. This is because under GDPR, consent must be “freely given”. If you do not have real or free choice or cannot refuse to give consent without adverse consequences – the consent is not deemed freely given. AP has stated that it will intensify its monitoring of compliance in this area.