Finnish Data Protection Ombudsman’s Statement on Cookie Consents Managed through Browser Settings
22 May 2020
Authors: Emma Swahne (Associate) and Linda Björkenheim (Associate Trainee)
In her recent decision, the Finnish Deputy Data Protection Ombudsman (“Ombudsman”) states that a consent for cookies is considered freely given and specific in accordance with the General Data Protection Regulation ((EU) 2016/679, “GDPR”) only if the data subject is offered an equal chance to both accept and reject the cookies.
On a side note, the European Data Protection Board also recently updated its guidelines on cookie consent, stating that consent is freely given in accordance with the GDPR only if the data subject has been presented with a genuine choice. Going forward, companies will need to make sure that data subjects are offered an actual opportunity to refuse cookie usage without having to modify their browser settings.