CIPP-E · Question #211
CIPP-E Question #211: Real Exam Question with Answer & Explanation
The correct answer is B. If the ePrivacy Directive requires consent for cookies, then the GDPR's consent requirements. According to the CJEU, the ePrivacy Directive does not define the concept of consent, but refers to the GDPR for its interpretation. Therefore, the GDPR standard of consent applies to the use of cookies and similar technologies that require consent under the ePrivacy Directive. T
Question
Options
- AIf the cookies do not track personal data, then pre-checked boxes are acceptable.
- BIf the ePrivacy Directive requires consent for cookies, then the GDPR's consent requirements
- CIf a website's cookie notice makes clear the information gathered and the lifespan of the cookie,
- DIf a data subject continues to scroll through a website after reading a cookie banner, this activity
Explanation
According to the CJEU, the ePrivacy Directive does not define the concept of consent, but refers to the GDPR for its interpretation. Therefore, the GDPR standard of consent applies to the use of cookies and similar technologies that require consent under the ePrivacy Directive. The GDPR defines consent as any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The CJEU also clarified that the consent requirements apply regardless of whether the cookies constitute personal data or not, as the ePrivacy Directive covers any information stored or accessed on the user's device.
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