The paper suggests that the standardised banner must have standardised timing of display, position on the website, text and language, presentation, consent options, and way of consenting.
Author
Paarth Naithani, Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Cookies are an essential part of today’s internet. In the EU, the ePrivacy Directive (read with the EU GDPR) requires prior informed consent for using cookies. Usually, websites use cookie banners to meet the informed consent requirement. However, due to a lack of harmonisation of cookie law across the EU, varying cookie guidelines by data protection authorities of different member states, and varying implementation of cookie consent requirements by websites, users face differing cookie banners on different websites.
Having to face differing cookie banners requires additional cognitive effort and time to read, understand, evaluate, and select options on each banner. Moreover, the way consent is sought remains deceptive. Websites use dark patterns, vague language, positive framing, and nudging to elicit user consent. This paper proposes standardised cookie banners to solve the various problems with cookie consent banners. The paper suggests that the standardised banner must have standardised timing of display, position on the website, text and language, presentation, consent options, and way of consenting.
Published in: International Review of Law, Computers & Technology
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