How Cookie Walls Violate GDPR According to the DPA

Published in Member Communities on May 07, 2019

Did you know that you may be in violation of GDPR? According to the DPA (Dutch Data Protection Authority), cookie walls are in violation of GDPR. Compliance can be tricky, but staying on top of the latest information will help keep your organization operating at the highest level of security. Here’s what you need to know about GDPR violations from the security experts at VGM Technologies.

The Importance of GDPR Compliance

General Data Protection Regulation (GDPR) came into effect as of 2018 in the European Union. It mandates that personal data be stored, processed, collected and destroyed safely. Personal data is defined by GDPR as anything that can identify a person. This could be anything as basic as a screen name on social media.

It’s important for organizations outside of the US to be GDPR compliant, because as many have realized, technology is global. US-based companies can still be held liable to GDPR if they handle personal data of a person living in the EU. The financial penalties are severe for noncompliance and this is why it’s important to make sure you are adhering to GDPR regulations. Our cybersecurity vendor partner, ProCircular recently released a very informative article about Regulatory Trends in Privacy and Cybersecurity in 2019. Take a look at their article to get a big picture look of how GDPR fits into privacy and cybersecurity.

What is a cookie wall?

It’s not as great or delicious as it sounds. A cookie wall is when a website requires users to agree to cookie tracking before they can use the website. If you’ve gone onto an advanced website lately, you have probably seen a pop up immediately show on the home page. It asks to accept the use of cookies before allowing you to interact with the site. It seeks to track user behavior on the site so ads can be retargeted to them based on browsing habits.

The DPA’s Stance on Cookie Walls

The DPA has made a firm stance that a cookie wall is not compliant, because it almost always requires a user to select “yes” before continuing using the website. This denies the site visitor to utilize the website without allowing their information to be tracked. The European Data Protection Board states, “In order for consent to be freely given as required by the GDPR, access to services and functionalities must not be made conditional.” However, the DPA says that some cookie pop-ups are less intrusive and do not break GDPR. For example, if a website needs to access cookies in order to provide a service directly asked for by the user or to carry out information, it is allowable.

Additionally, once this information is gathered, companies need to be held accountable for securing the information they collect. As of now, the DPA’s stance is only a statement and not an official ruling. However, we are fairly certain that it will be.

Stay ahead of the GDPR curve. Talk to us about Website Protection to make sure your site is secure and GDPR compliant.


comments powered by Disqus

From Our Experts

VGM Wound Care and Permobil Discuss the Importance of Seated Posture thumbnail VGM Wound Care and Permobil Discuss the Importance of Seated Posture In this episode of industry matters Director of Wound Care, Heather Trumm, talks with Stacey Mullis, Director of Clinical Marketing at Permobil, where “Every person has the right to have his or her disability compensated as far as possible by aids with the same technical standard as those we all use in our daily lives.” Heather and Stacy are going to dive right into dive into something that is often overlooked, and that is seated posture in wound care. Key Marketing Priorities for HME Providers in 2021 thumbnail Key Marketing Priorities for HME Providers in 2021 Now that 2020 is officially in the rearview mirror, it's time to get strategic in 2021 with resources, priorities, and investments. From a marketing perspective, healthcare delivery models have undoubtedly changed. Lindy Tentinger discusses key marketing priorities that can help your company achieve its business goals and set it up for continued success. CRT Telehealth Update from NCART thumbnail CRT Telehealth Update from NCART NCART and the CRT Remote Services Consortium announced their continued efforts to secure a permanent telehealth option for people with disabilities who require complex rehab technology (CRT). Navigating Lead Generation Safely thumbnail Navigating Lead Generation Safely Lead-generating companies are prevalent in the industry and are legal, but it is essential that providers understand exactly what service they will provide and how they will do it. Member Spotlight: Leo Levine, Owner, Merrick Surgical Supplies & Home Care thumbnail Member Spotlight: Leo Levine, Owner, Merrick Surgical Supplies & Home Care Meet Leo Levine, owner of Merrick Surgical Supplies & Home Care! A VGM member since 2019, Leo has taken what he's learned during his time as a member and used it to help him grow his business. Is Medicare Advantage Too Good to be True? thumbnail Is Medicare Advantage Too Good to be True? In a recent HME News article, Dan Fedor provides three important items for CRT providers to know about Medicare Advantage plans. What Healthcare at Home Means for DMEPOS thumbnail What Healthcare at Home Means for DMEPOS This year has been one of the most taxing years in history for everyone. We have all been keeping safe at home, which has caused the need for DMEPOS to be even more critical. As we close out the year, it's good to reflect really what does healthcare at home mean for our industry? An Inside Look with Clint, Episode 3: Mark Higley and the Importance of Benchmarking thumbnail An Inside Look with Clint, Episode 3: Mark Higley and the Importance of Benchmarking Clint talks with Mark Higley about the importance of benchmarking. Each year VGM partners with HME News to provide and then analyze an industry benchmark survey.