The National Commission for Data Protection ('CNPD') published, on 26 October 2021, guidelines on cookies and other trackers. In particular, the CNPD outlined that the guidelines aim to help operators of websites or applications to comply with the currently applicable rules, as they emerge from existing legislation and case law. Furthermore, the guidelines draw the distinction between essential cookies for which there is no obligation of consent and non-essential cookies for which there is an obligation of consent, providing specific examples to accompany such analysis. In addition, the guidelines provide many examples of good practice and also introduce the notion of dark patterns in the co
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Luxembourg: CNPD publishes guidelines on cookies
November 5, 2021
Summary
The National Commission for Data Protection in Luxembourg released guidelines on 26 October 2021 regarding the use of cookies and trackers on websites and applications. The guidelines distinguish between essential cookies, which do not require user consent, and non-essential cookies, which do. They provide examples of good practices, address the issue of dark patterns in user consent, and clarify that analytical cookies used for audience measurement require consent unless they are necessary for service provision and meet certain privacy-preserving criteria.