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Italian Garante Cookie Guidelines: Enforcement Deadline Approaching

Take Action – Get Cookie Compliant Before the January 2022 Deadline!

On July 10, 2021, the Italian data protection authority (‘Il Garante’) announced its final guidelines on cookies and other tracking technologies.  The Garante provided companies six-months to get compliant with the guidance, when they will begin enforcing these updated cookie guidelines.

OneTrust is here to help implement your cookie banner, or consent management platform (CMP), based on the Garante’s updated guidelines – ahead of the January 2022 enforcement deadline.  Our Italian Cookie Consent Toolkit offers resources to help you understand the guidelines and support to implement compliant cookie banners.

Download your toolkit today!

The Garante’s Cookie Guidelines

Following a multitude of updated cookie guidelines from other major DPAs across the EU, including France’s CNIL, Ireland’s DPC, Spain’s AEPD, and Denmark’s Datatilsynet, the Italian DPA released this updated guidance.  While there are commonalities amongst all these guidelines, there are however, some unique differences marketers and privacy professionals should note. The finalized Italian Garante Cookie Consent Guidelines introduced the following key new changes:

  • Legitimate interest cannot be considered lawful ground to set cookies and other similar tracking technologies;
  • Possibility to re-present the cookie banner to users after six months from the initial presentation;
  • Duty to assess the adequacy and appropriateness of the size of the banner in relation to the various devices used by the user;
  • Duty to position an ‘X’ or ‘Close’ button within the banner by which users can continue navigating without consenting to the use of non-technical cookies;
  • ‘Authenticated’ users must be allowed to affirmatively consent to the possibility of being tracked by cross-analysis of their behavior through the use of different devices;
  • In case of changes to the third parties list within the ‘preference center,’ the website owner is responsible for the selection of the same third parties and for ensuring that the consequent processing remain in line with the category groups;
  • New specifications for the accessibility of cookie information in relation to a person with disabilities;
  • Information on the criteria through which cookies are categorized semantically may be included in the privacy policy, alternatively to the dedicated cookie policy;
  • Duty to include, in the footer of the website, a link in for the user to re-assess his/her cookie preferences.

Are These Guidelines Relevant to Your Website?

Any organization operating in Italy or targeting Italian data subjects must ensure their cookie banner complies with the Italian DPA’s cookie consent guidelines before the January 2022 deadline.  After this deadline, the Italian DPA can enforce the updated cookie guidance with warnings or by levying fines of up to €20 million or 4% of annual global revenue.

Italian Cookie Consent Toolkit 

No matter where you are in your compliance journey, this layer of compliance can be intimidating.  OneTrust is here to support you with our Italian Cookie Consent Toolkit.  OneTrust will help implement your cookie banner based on the Garante’s updated guidelines – ahead of the January 2022 deadline.  Accelerate your compliance journey with a complete set of tools and resources to get your privacy program up and running.  Sign up today!

Toolkit resources include:  

  • Whitepaper: Italian Garante’s Recommendations: Practical & Legal Guide
  • Checklist: Italian Garante and Cookies: Guidelines and Setup Checklist
  • Connection with a OneTrust representative
  • 24/7 support with both implementation and ongoing maintenance

Avoid facing the increased enforcement action — get your cookie banner and/or CMP compliant with the Garante’s guidelines today!

Further Reading:

OneTrust Dominates CMP Market as #1 for Two Consecutive Years

Next Steps:

Download the Italian Cookie Consent Toolkit

Request a Demo

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