With regulation 1/2000, the Guarantor Authority regulates its own functioning. According to article 2, paragraph 1, the Guarantor Authority defines its own objectives and programs, indicating their priorities.
With provision no. 277 of 21 July 2022, the Guarantor ordered inspections of digital identity managers, cookies and data transfer and tracking tools abroad based on Google analytics.
This inspection activity is carried out for the purpose of determining whether you have the correct implementations of the guidelines on cookies and tracking tools.
The new guidelines on website cookies, presented by the Privacy Guarantor in July, have been in force since 9 January. Companies that have not yet complied now risk fines. The penalties are those of the GDPR which provide for up to 4 percent of the company’s annual turnover.
The sanctions that are implemented in the event of violation of the obligations established by the cookie law concern: omitted information or unsuitable information (art. 13 GDPR) the administrative sanction consists in the payment of a sum to be
€6,000.00 – to €36,000.00 (art. 161 Legislative Decree 196/2003);
installation of cookies on users’ terminals without their prior consent; the administrative sanction consists in the payment of a sum from € 10,000.00 – to € 120,000.00 (Article 162, paragraph 2-bis, Legislative Decree 196/2003);
omitted or incomplete notification to the Guarantor, if this is due to the presence of persistent profiling cookies; the administrative sanction consists in the payment of a sum from € 20,000.00 to € 120,000.00 (articles 37, paragraph 1, letter d), and 163 of Legislative Decree 196/2003).
It is necessary to adapt quickly to the new conditions, because a concrete example that demonstrates that these checks are carried out is what happened in France, where at the end of the year the privacy authority fined Facebook and Google for 60 and 150 million euros.
Furthermore, a well-made cookie that can inspire customer trust, that treats data ethically, therefore with a clear communication on the use of data and on how to grant or deny consent, brings significant benefits to companies. This means that adapting to the new established rules will not only allow you to avoid penalties but will also bring about improvements in the company-user approach.
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