Cookies which are intended to collect information or gain access to information stored in the terminal equipment of a subscriber or user are only allowed on the condition that the subscriber or user concerned has given prior express consent, after being provided with clear and comprehensive information, easily understandable and readily accessible for the subscriber or user and which refers also to the purpose of processing.
If the provider allows third-party storage or access to information stored in the terminal equipment of a subscriber or user, the latter must be provided with information regarding the overall purpose of the processing by third parties and how the subscriber or user can use the navigation settings to delete stored information or to deny access to this information.
Consent is not required if such cookies (first party cookies):
- are used solely for the purpose of carrying out the transmission of a communication over a network of electronic communications;
- are strictly necessary in order to provide an information society service, specifically requested by the subscriber or user.
When assessing the validity of the express or implicit consent, the DPA will seek to determine whether the data subjects were fully informed and aware that they were agreeing to cookies being set.