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Extract to table / gdpr-gap-analysis-memorandum.docx
gdpr-gap-analysis-memorandum.docx
Parties
HARKNESS LLP
Aurelius Global Media Group PLC
Thistlewood Consulting Ltd
Pendleton AdTech Solutions Ltd
VoltGraph Analytics GmbH
Severin Industries Ireland Ltd
Kestrel Services Inc
Ireland Ltd
Dates
17 septembre 2020
Amounts
€20
€1.617
€64.7
€26.3
€18.4
€4.0
€3.9
€385,000
€150
€60
Obligations
3 million in annual revenue is at risk if non-compliant adtech vendor relationships must be terminated rather than remediated
Users must affirmatively deselect these toggles to refuse consent
The Court stated unambiguously at paragraph 62 that consent within the meaning of Directive 2002/58, read in conjunction with the GDPR, is not validly constituted if the storage of information, or access to information already stored in the user's terminal equipment, is permitted by way of a pre-checked checkbox which the user must deselect to refuse his or her consent
On these properties, users who wish to decline non-essential cookies must navigate to the second-layer "Manage Preferences" screen and manually deselect individual cookie categories before saving their preferences
The EDPB's Guidelines 05/2020, while not prescribing a specific button layout, support the principle that refusal must be as easy as acceptance
GDPR Article 7(3) provides that "[t]he data subject shall have the right to withdraw his or her consent at any time" and that "[i]t shall be as easy to withdraw as to give consent