Together with 11 trade associations from the advertising and retail sectors, FEDMA has sent a letter to the European Data Prediction Board, calling for the respect of the flexibility afforded by the GDPR for cookie walls, and more generally to avoid developing guidelines with higher requirement than those provided by the law.
This letter come after the update by the EDPB of its guidelines on consent and a court decision in France which annulled the provision of the French DPAs guidelines imposing a general and absolute ban on ‘cookie walls’.
The signatories are calling on the EDPB, and national Data Protection Authorities to ensure that the flexibility of the GDPR is reflected in its guidelines and to clearly differentiate between legal obligations that must be complied with and what is considered a recommendation.
It is important to ensure that businesses can benefit from all the flexibility provided by the GDPR and other existing legislations. In addition, the letter calls on policy makers when considering the issue of cookie walls, to take stock of all the relevant implications, from existing business model, and competition issue, to data protection and the user’s right to access to information.