No.
The Italian DPA distinguishes cookies into three major groups:
a) Technical cookies: which are those used exclusively for “carrying out the transmission on an electronic communications network, or insofar as this is strictly necessary to the provider of an information society service that has been explicitly requested by the contracting party or user to provide the said service” (Article 122(1) of the Privacy Code).
These cookies could be further grouped into:
b) Profiling cookies: these cookies are aimed at creating user profiles and are used to send ads messages in line with the preferences shown by the user during the web browsing; and
c) Third-party cookies: which are installed on the user’s devices by the owner of another websites through the Publisher’ website – e.g., cookies installed by social networks.
These cookies could be further grouped into:
Consent is necessary for profiling cookies and for third-party analytics cookies. As long as technical means to reduce the identifying power of cookies (such as IP masking allowed by Google Analytics) are not adopted and as such the third-party cross references the collected information to other information already available to it.
Yes, mostly followed. However please note that to the date the Italian Data Protection Authority has never adopted sanctioning measures in relation to cookie and similar technologies on a device, rather only a few decisions warning and preventing controllers from using Google Analytics due to the connected transfer of personal data to the USA.
Yes.
It is not necessary for the above cookie categories a) and c1.
Please see Q1 above.
No.
The consent can only be legitimately collected through the implementation by design of an unequivocal and informed choice of the user, which is at the same time recordable and documentable.
No.
Required for every cookie category.
No.
It is necessary for:
No.
However, the Garante has been looking into a very recent practice implemented by some Italian online editors which have purportedly implemented a barrier that could be considered similar to a cookie wall. A formal decision of the Garante on this is expected in the near future.
No.
However, please see Q2 above: a change in the enforcement by the Garante is expected in the next future.
None that we are aware of.
The Italian Data Protection Authority has approved new Guidelines on cookies dated June 10, 2021, with the aim of strengthening the decision-making power of users over the use of their personal data when they surf online. The measure was adopted taking into account the results of the public consultation publicised at the end of last year.
