The Computer & Internet Lawyer Publishes Akin Gump Article on GDPR Guideline Revisions

August 31, 2020

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Jacinta O'Shea-Ramdeholl

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Sarah Richmond

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The Computer & Internet Lawyer has published the article “Revisions to the EDPB Guidelines on Consent: Cookie Walls and Scrolling Through,” written by Natasha Kohne and Michelle Reed, co-heads of Akin Gump’s cybersecurity, privacy and data protection practice; counsel Jenny Arlington; associate Rachel Kurzweil; and trainee solicitor Sahar Abas.

The article, which originated as an Akin Gump client alert, summarizes the revisions to the consent guidance under the General Data Protection Regulation (GDPR). The first revision, the authors write, states that “cookie banners that condition access to a website on the acceptance of cookies, are not compliant with the GDPR’s consent requirement.” The second revision, they note, “confirms that actions such as merely scrolling or swiping through a webpage do not under any circumstances constitute valid consent under the GDPR.”

The authors conclude with some practical implications of the revised guidelines.

To read the article in its entirety, please click here.

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