Italy: new rules on cookies and internet profiling

By Giangiacomo Olivi

After a long public consultation process, the Italian Data Protection Authority (Garante per la protezione dei dati personali) finally issued its decision on the ‘simplified information notice and cookie consent’ (the ‘Cookie Decision’).

With the Cookie Decision, the Garante clarifies the distinction between technical and profiling cookies. To sum up:

Technical cookies are cookies required for providing ‘electronic communications or information society services’ — in other words, all cookies required to ensure the running of the site. To this broad category, the Garante associates also the analytic cookies placed by the publisher or the manager of the site (editore o gestore del sito), provided that the only aggregated data are processed, as well as the functionality cookies to improve the service provided to the users (e.g. language preferences)…

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