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Ireland: DPC publishes report and guidance on use of cookies and other tracking technologies

The Data Protection Commission ('DPC') published, on 6 April 2020, a report ('Report') and its updated guidance ('Guidance') on the use of cookies and other tracking technologies following a sweep conducted between August and December 2019. In particular, the Report highlights that the DPC had commenced an examination of the use of cookies and similar technologies on a selection of websites across a range of sectors, including media and publishing, the retail sector, restaurants and food ordering services, and the public sector in order to assess the deployment of such technologies and to establish how, and whether, organisations are complying with the S.I. No. 336/2011 - European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011. Moreover, the Report outlines the DPC's main concerns following the examination, which are, among others, the use of implied consent to set cookies, including in some cases extensive tracking, marketing and analytics cookies, and data subjects' inability to vary or withdraw consent.

In addition, the Guidance includes information on consent requirements, including effective withdrawal and requirements for analytics cookies, the rules on pre-checked boxes, as well as data retention periods.

You can read the press release here, the Report here and the Guidance here.