noyb publishes Consent Banner Report: EDPB vs National DPAs
The European Data Protection Board initiated a taskforce in September 2021 to address concerns regarding consent banners used by companies. This was prompted by numerous complaints received by data protection authorities (DPAs) across Europe. The taskforce’s objective was to coordinate responses to these complaints and enhance the standards for consent banners. In January 2023, the taskforce released a comprehensive report titled “Report of the work Undertaken by the Cookie Banner Taskforce,” which outlined its opinions and recommendations on the violations observed in consent banners across various websites.
noyb, a privacy advocacy group, took a proactive stance by comparing the findings of the EDPB taskforce with the positions adopted by national DPAs in their guidance documents and decisions. This comparative analysis aimed to assist companies in gaining insights into the varying standards set by the EDPB and national DPAs when it comes to implementing consent banners. The report emphasized that while the taskforce’s findings represent minimum thresholds for compliance, national DPAs have the flexibility to enforce higher standards, highlighting the importance of aligning with these varying regulations to ensure GDPR compliance.
The noyb’s Consent Banner Report is expected to serve as a valuable resource for companies seeking to align their practices with GDPR regulations. By addressing different practices surrounding consent banners, the report sheds light on key issues and provides clarity on the recommendations of the EDPB taskforce compared to those of national DPAs. Furthermore, the inclusion of information on actual DPA decisions enhances the practicality and relevance of the report, offering a comprehensive overview for organizations striving to navigate the complexities of consent banner compliance.
In conclusion, the comparison between the EDPB taskforce’s recommendations and national DPA positions as outlined in noyb’s report underscores the need for companies to stay informed about evolving standards in data protection. By understanding and implementing guidelines endorsed by both European and national authorities, organizations can proactively address compliance challenges related to consent banners and uphold user rights in the digital landscape.
Source: noyb’s Consent Banner Report: How authorities actually decide
