For example take a look at https://www.cookiebot.com/ as soon as you scroll down a bit, the consenting options fades away, and it puts a cookie in your browser, that you accepted their cookies.

Is this acceptable by the GDPR / ePrivacy regulation, as a cookie and tracking (analytics, fb pixel) consent?

1 Answer 1


No. According to GDPR consent must be:

Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement

Scrolling down is not a clear, affirmative, specific or unambiguous indication of consent, and therefore does not fulfill the requirements for GDPR.

  • This is now also officially confirmed. The European Data Protection Board has issued Guidelines 05/2020 on consent under Regulation 2016/679 which clarifies the cookie consent. In particular it fully clarifies that using "scrolling a page" and so called "cookie walls" it is not possible to obtain a valid consent under GDPR.
    – wimh
    May 12, 2020 at 9:42

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