Tuesday, 19th May 2020

The European Data Protection Board (EDPB) has published updated Guidelines 05/2020 on Consent under the GDPR, replacing the previous Article 29 Working Party Consent Guidelines published in April 2018. The purpose of the updated guidelines is to provide clarity on: (i) data subject consent in relation to cookie walls (which are not allowed), and (ii) scrolling or swiping through a webpage or similar actions (which does not constitute valid consent). The paragraphs (38-41 and 86) concerning these two issues have been revised and updated, while the rest of the document has been left unchanged, except for editorial changes.