Cookies under Italian data protection law

The Italian supervisory authority has issued the guidelines on the use of cookies in May 2014 (in English and Italian), which clarify the informing requirements and how to lawfully obtain user’s consent. In the guidelines, the Garante has also distinguished cookies between two major groups: technical and profiling cookies.

Conditions for use of cookies

In Italy, users must give their prior informed consent to the use of profiling cookies. Upon visiting of the website, a short privacy notice (i.e. pop-up banner) must be displayed. Such a short notice must contain a link to an extended notice, that provides full information on the use of cookies.

As for the technical cookies, users must also be informed about their use. However, no pop-up banner is required and the information may be provided within the general privacy notice of the website. Furthermore, prior consent of users is generally not required for the use of technical cookies.

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