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Question 11 - CIPP-US discussion

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Read this notice:

Our website uses cookies. Cookies allow us to identify the computer or device you're using to access the site, but they don't identify you personally. For instructions on setting your Web browser to refuse cookies, click here.

What type of legal choice does not notice provide?

A.

Mandatory

Answers
A.

Mandatory

B.

Implied consent

Answers
B.

Implied consent

C.

Opt-in

Answers
C.

Opt-in

D.

Opt-out

Answers
D.

Opt-out

Suggested answer: B

Explanation:

A cookie is a small piece of data that a website sends to a user's browser and stores on the user's device, usually for the purpose of remembering the user's preferences, settings, or actions1.

A cookie notice is a message that informs the user about the website's use of cookies and the user's choices regarding the acceptance or rejection of cookies2.

A legal choice is the mechanism that the website provides to the user to express their consent or dissent to the use of cookies2.

There are different types of legal choices for cookie notices, depending on the applicable laws and regulations, such as the General Data Protection Regulation (GDPR) in the European Union or the California Consumer Privacy Act (CCPA) in the United States34.

The four types of legal choices mentioned in the question are:

Mandatory: The website does not allow the user to access the site unless they accept the use of cookies.This type of choice is generally considered unlawful and non-compliant with the GDPR and the CCPA34.

Implied consent: The website assumes that the user consents to the use of cookies by continuing to browse the site or by dismissing the cookie notice. This type of choice is often used by websites that operate in the U.S.or other jurisdictions that do not have strict cookie laws, but it may not be sufficient for the GDPR or the CCPA34.

Opt-in: The website requires the user to explicitly agree to the use of cookies by clicking a button or checking a box.This type of choice is usually compliant with the GDPR and the CCPA, as it ensures that the user gives informed and affirmative consent34.

Opt-out: The website allows the user to reject the use of cookies by clicking a link or changing their browser settings.This type of choice is also compliant with the GDPR and the CCPA, as it gives the user the right to withdraw their consent at any time34.

Based on the description of the cookie notice in the question, the type of legal choice that the notice provides isimplied consent, as the website does not explicitly ask for the user's agreement, but rather assumes that the user accepts the use of cookies by using the site. The notice also provides a link for the user to opt out of cookies by setting their browser to refuse them.

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asked 22/11/2024
Filippo Bertuzzi
26 questions
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