Guidelines 05/2020 on Consent under Regulation 2016/679 (GDPR)

SECTION START  PREFACE

On 10 April 2018 the Article 29 Working Party adopted its Guidelines on consent under Regulation 2016/679 (WP259.01), which were endorsed by the European Data Protection Board (hereinafter “EDPB”) at its first Plenary meeting. This document is a slightly updated version of those Guidelines. Any reference to the WP29 Guidelines on consent (WP259 rev.01) should from now on be interpreted as a reference to these guidelines.

The EDPB has noticed that there was a need for further clarifications, specifically regarding two questions:

• 1  The validity of consent provided by the data subject when interacting with so-called “cookiewalls”;

• 2 The example 16 on scrolling and consent.

The paragraphs concerning these two issues have been revised and updated, while the rest of the document was left unchanged, except for editorial changes. The revision concerns, more specifically:

• Section on Conditionality (paragraphs 38-41).

• Section on Unambiguous indication of wishes (paragraph 86)