Internet users are regularly confronted with increasingly invasive cookie banners. Multiple techniques are used, including a hidden or inexistant refusal option, a request for payment or the appearance of aggressive banners which are permanent until the user accepts the cookies. Everything is done to force the user to consent. Henceforth, None Of Your Business (noyb) attacks such banners that the association deems illegal.
Noyb, driven by Max Schrems, has observed significant violations by websites of the General Data Protection Regulation’s (GDPR) consent provisions. Article 7 thereof establishes the principle of freely given, informed, unambiguous and specific consent. It adds that the data subject has the right to withdraw his/her consent as easily as he/she gave it. The practices observed appear to be far from the recommendations, particularly those from the CNIL, requesting that websites propose a clear option.
To stop this practice of consent manipulation, noyb has set up an automatic complaint system. Its legal teams inspect the websites and the system sends an informal draft complaint as well as a guide for coming into compliance. If the companies do not amend their cookie banners within one month of receipt thereof, the association files a complaint with the competent regulatory authority.
In its 31 May 2021 statement, the association applauded the sending of such informal complaints to the 560 leading websites in 33 European countries, whether they are held by big actors or more local structures. It foresees that its system will be effective enough to deal with the compliance of the 10 000 most visited websites in Europe.
We recommend that you update your cookie banners to come into compliance with the recommendations in force and avoid receiving a complaint, whether it be informal or formal.