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Praxikon

Guideline

Guidelines 05/2020 on consent under Regulation 2016/679

Date
Status
final
Body
European Data Protection Board (EDPB)
Reference
Guidelines 05/2020 (version 1.1)

What it is about

These guidelines are a slightly updated version of the WP29 guidelines on consent (WP259 rev.01); references to WP259 are now read as references to this document. They explain when consent is valid: freely given, specific, informed and unambiguous. Only the passages on cookie walls and on scrolling were revised: making access conditional on consent to cookies (cookie wall) does not produce free consent, and scrolling or swiping is not an unambiguous indication of consent. Adopted on 4 May 2020; version 1.1 of 13 May 2020 only contains formatting corrections.

What this means in practice

You may not make access to a service conditional on consent to processing that is not necessary for that service (Article 7(4)), and cookie walls are not allowed. A competitor offering a similar service without consent does not make your consent freely given. You must ask consent per purpose, be able to demonstrate it and make withdrawal as easy as giving it. Pre-ticked boxes, silence and scrolling do not count as consent.

The GDPR articles concerned

Source: EDPB guideline page and Guidelines 05/2020 PDF (version 1.1)checked on 15 September 2026

Summary and practical reading by Praxikon. Not legal advice; the source prevails.

Connections

What connects to this development

The counterpart in the other law

Case law8 of 14

Guidelines8 of 10

Enforcement and fines8 of 9

Legislation in motion6 of 12