Cookies can be distinguished as two major groups: “technical” cookies and “profiling” cookies. Technical cookies are used exclusively to carry out “the transmission of a communication on an electronic communications network, or insofar as this is strictly necessary to the provider of an information society service that has been explicitly requested by the contracting party or user to provide said service”. For example, session cookies, or analytics cookies, fall within this category. Users’ prior consent is not necessary to install these cookies, while information under Article 13 of the Italian Data Protection Code has to be provided.
The extended information notice must also provide directions as to how to use browser settings in order to disable cookies.
Where cookies are installed by a third party, the Garante is of the opinion that the website publisher may not be required to directly provide information on, and obtain consent for, their installation. However, links to the third party’s notices and consent forms must be provided in the extended version of the information notice.