IAPP Exam CIPP-E Topic 2 Question 83 Discussion

According to the EDPB Guidelines 05/2020 on consent under Regulation 2016/6791, valid consent for the use of cookies must meet the following conditions:

* It must be freely given, which means that the data subject must have a genuine choice and the ability to refuse or withdraw consent without detriment.

* It must be specific, which means that the data subject must give consent for each distinct purpose of the processing and for each type of cookie.

* It must be informed, which means that the data subject must receive clear and comprehensive information about the identity of the controller, the purposes of the processing, the types of cookies used, the duration of the cookies, and the possibility of withdrawing consent.

* It must be unambiguous, which means that the data subject must express their consent by a clear affirmative action, such as clicking on an ''I agree'' button or selecting specific settings in a cookie banner.

* It must be granular, which means that the data subject must be able to consent to different types of cookies separately, such as essential, functional, performance, or marketing cookies.

Therefore, a ''Cookies Settings'' button is not a necessary element to collect valid consent for the use of cookies, as long as the data subject can exercise their choice and preference through other means, such as a cookie banner with different options. However, a ''Cookies Settings'' button may be a good practice to enhance transparency and user control, as it allows the data subject to access and modify their consent settings at any time.

On the other hand, a ''Reject All'' cookies button is a necessary element to collect valid consent for the use of cookies, as it ensures that the data subject can freely refuse consent without detriment. A list of cookies that may be placed and information on the purpose of the cookies are also necessary elements to collect valid consent for the use of cookies, as they ensure that the data subject is informed and can give specific consent for each type of cookie.