Guidelines on the issue of consent to scrolling

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In addition to the May 2020 clarification on the use of cookie walls, the European Data Protection Board also wanted to clarify the issue of scrolling. This additional information is all the more relevant given the ambiguity that exists in the very definition of consent. Indeed, according to the EDPB, several web platforms still consider scrolling on a page as a form of consent for the use of cookies. Which is completely wrong.

Moreover, Article 86 of the document updated by the panama email list European body clearly mentions this. This article adds clarifications according to which a scrolling action on the site or mobile application cannot be considered as tacit agreement to cookies. In addition, this rule applies as much to scrolling as to any activity carried out by the Internet user, in particular clicks and keystrokes among others.

Through these directives, the European body encourages applications and websites to respect the 4 cumulative criteria of validity of consent:
The first specifies that consent must be free. In other words, the user must not be subject to any constraint or influence. In this way, the visitor is guaranteed to make a choice that respects his privacy.