It has become commonplace for everyone who uses the internet to be greeted with a pop-up box about cookies every time they enter a new website, whether they are trying to order clothes online or searching for legal advice, etc.
The pop-up box usually contains the wording: "By clicking continue, you agree that we use Cookies on our website". For many, this is an annoyance, and it is therefore quickly skipped.
However, it is not only for users of the websites that this pop-up box is a burden. The owners of various websites also have problems getting everything set up correctly, so that it is in accordance with the current EU cookie regulations. It is no joke that you are greeted with the famous pop-up box.
The EU's cookie rules state that the purpose of cookies on websites is to ensure privacy and inform consumers about what information is collected about them when they click OK to cookies on a website. However, the rules are outdated, which is why the Danish Business Authority has now published updated guidance that makes it relatively easy to comply with the rules on cookies and data collection, as the new guidance only consists of about 2 pages.
The instructions can be found here: https://erhvervsstyrelsen.dk/vejledning-bekendtgoerelse-om-krav-til-information-og-samtykke-ved-lagring-af-eller-adgang-til
Among the news and changes in the updated guidance, it can be mentioned that website owners must in future ensure that active consent is given to the storage of cookies that can track the user's searches. Whether it is a smartphone, tablet or computer. Most Danish websites are equipped with a cookie box, which, as mentioned, simply contains a statement that when you click through to the website, you also accept that cookies are stored.
However, this is no longer valid, due to a ruling by the European Court of Justice on October 1, 2019. The ruling states that the user of the website must actively:
1. be informed about the purpose of using cookies
2. be informed clearly and distinctly about the subject
3. have information about who is behind the cookies used
4. have information about how the user consents to or declines the use of cookies
5. have information about how to withdraw or refuse consent
6. have information about the duration or expiration date of cookies
Website owners must therefore ensure that these points are met on their websites and in their cookie pop-up boxes. The essence of the subject is that users must be thoroughly informed about what they accept when they press “OK” in a cookie box – namely that they consent to information being stored about their search and what this information is used for.
If you have a website, you should check whether the cookie policy is updated and possibly change it so that it is in accordance with the Danish Business Authority's new guidance and practice.
In short: An "OK" to cookies is not sufficient active consent.
If you have any questions about the article, you are always welcome to contact us. You can contact attorney Jacob Worsøe Nielsen at phone 82828242 or e-mail: jwn@paragrafadvokaterne.dk.
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