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Norway: Datatilsynet and Norwegian Consumer Agency submit joint consultation response to cookie consent

The Norwegian data protection authority ('Datatilsynet') announced, on 12 October 2021, that it had joined forces with the Norwegian Consumer Agency ('CA') to submit a joint consultation response regarding the proposal to regulate the use of cookies in the new Electronic Communications Act, which, among other things, proposes changes to the provision on consent to the use of cookies. In particular, the Datatilsynet stated, among other things, that in today's market, in the Datatilsynet's and the CA's view, there are no technical solutions for consent through browser settings that meet the General Data Protection Regulation's (Regulation (EU) 2016/679) ('GDPR') consent requirements. In addition, the Datatilsynet stated that today, browsers use presets, and even if this was changed to require active action, several of the other conditions for a valid consent would not be met. Furthermore, the Datatilsynet outlined that the Ministry of Local Government and Modernisation's statements that consent can also be obtained through technical settings in the browser may contribute to companies illegally collecting and processing personal data, with reference to the Ministry's statements, and hence, the ministry should rectify this. Lastly, the Datatilsynet stated that it should have supervisory competence with the use of cookies and other tracking technologies, because it will be far more efficient and appropriate if it can supervise all aspects of the processing of personal data in cases that are complained to the Datatilsynet, including collection through cookies.

You can read the press release here and the joint consultation response here, both only available in Norwegian.