The prohibition of

By means of a cookie wall, a website can decide not to give a user of this website access to the website at the moment that the user does not consent to the placement of cookies and trackers by that specific website. Therefore it is like this: consent means that the user can use the website, no consent means that the user cannot use the website. The 'wall' stays up.

Consent

One of the grounds for processing personal data laid down in the General Data Protection Regulation (GDPR) is the consent of the person whose data will be processed. A number of requirements must be met in order to speak of a legally valid consent. The consent must be freely given, unambiguous, informed and specific. For more information about consent, please refer to this page.

It is of great importance that the consent in the context of a cookie wall, is freely given. One may, however, wonder whether the permission is really free, in the event that, without permission, no use can be made of the website. "Take it or leave it" does not seem to provide free consent.

Prohibited

Precisely for the reason mentioned above, the GDPR prohibits cookie walls. If the permission depends on obtaining access, or the exchange of another service, for which the personal data are processed, there is no valid permission.

Is there a legal alternative?

The "take it or leave it" approach for accepting cookies does not appear to be a possibility. However, many websites still want to be able to process personal data. An alternative to the cookie wall, if the requirements are met, is the use of a cookie statement. However, the use of a cookie statement does require a free consent, because if you do not accept the cookies, you can still use the website.

Contact

If you have any questions about cookies, a cookie wall or cookie statements, you've come to the right place! Please contact Legal Q and we will see how we can help you.



Specialist the prohibition of

A website is not allowed to use a cookie wall. However, a cookie statement can be used in order to be able to process personal data as much as possible.
Innovation / Growth / Commitment

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