EDPB Adopts Guidelines on Right of Access and Letter on Cookie Consent

The European Data Protection Board (“the EDPB”) adopted Guidelines on the Right of Access (“the Guidelines”), during its January plenary session. The Guidelines aim to analyse the various aspects of the right of access and to provide more precise guidance on how the right of access has to be implemented in different situations.

The Guidelines provide clarifications on the scope of;

  • The right of access,
  • The information the controller has to provide to the data subject,
  • The format of the access request,
  • The main modalities for providing access, and
  • The notion of manifestly unfounded or excessive requests.

The Guidelines will be subject to public consultation for a period of 6 weeks.

In addition, the EDPB adopted a letter in reply to letters calling for a consistent interpretation of cookie consent. In the letter, the EDPB reiterates that it is committed to ensuring the harmonised application of data protection rules throughout the European Economic Area. In this respect, the EDPB has recently set up a taskforce on cookie banners to coordinate the response to complaints concerning cookie banners.

Furthermore, the EDPB has updated the Guidelines on consent in order to ensure a harmonized approach on the conditionality of consent and on the unambiguous indication of wishes.

All documents adopted during the EDPB Plenary are subject to the necessary legal, linguistic and formatting checks and will be made available on the EDPB website once these have been completed.

You can find the further information here.

Kind regards,

Zumbul Attorneys at Law

info@zumbul.av.tr