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Peter Craddock Quoted in Global Data Review Article on Cookie Banner Complaints

Keller and Heckman Partner Peter Craddock was quoted in the Global Data Review article, “Noyb goes for round two against cookie banners.” The article discusses privacy group noyb’s issuing of more cookie banner complaints to 226 organizations for failing to implement a “refuse all” button. Peter questions how noyb can challenge the current composition of companies’ cookie banners, stating, “There are going to be serious questions about whether they are actually right to be asking this.” The cookie process first-time users of a website encounter may not be a General Data Protection Regulation (GDPR) violation. Peter maintains this argument, commenting, “This might not be as easy for them to win if the regulators do their job properly. It's unclear what their justification is right now, but one argument I have seen previously was that a ‘reject all’ choice was based on the requirement that it must be as easy to withdraw consent as it is to give it. The problem is that when I arrive on a website and I see a cookie banner I have not yet given my consent – so it isn't actually a case of withdrawing consent. If the argument is that consent is not freely given, it isn't that clear either.”

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