GDPR Compliance: Belgian DPA’s Shift to Enforceable Cookie Consent Orders

Following a successful drive by the privacy advocacy group noyb (None of Your Business), the Belgian Data Protection Authority (DPA) has moved from granting settlements to issuing official legal directives to counter deceptive cookie banner practices. This change signifies a major stepping up of enforcement actions, guaranteeing that businesses follow GDPR guidelines more closely when offering users consent options.

Belgian DPA Turns Settlement into Order on Deceptive Cookie Banners

Background

The Belgian Data Protection Authority (DPA) has overhauled its approach to enforcing GDPR cookie consent rules. Previously, the DPA relied on settlements that lacked explicit enforcement power, allowing many businesses to continue non-compliant practices with impunity. In response to persistent advocacy by privacy watchdog Noyb, the DPA now issues formal legal orders that demand immediate compliance. These enforceable instructions establish a new standard for cookie consent banners, emphasizing GDPR transparency and user rights.

Key Implications of This Change

The Belgian DPA’s shift underscores several critical compliance requirements that businesses must address:

1. Transparency and Equal Visibility

Companies are now required to ensure that "accept all" and "reject all" options are presented equally. Manipulative interface designs, often called "dark patterns," that nudge users toward accepting cookies are expressly prohibited.

2. Neutral Design Elements

To provide a fair and unbiased user experience, businesses must avoid using color schemes, font sizes, or layouts that make cookie acceptance more visually appealing than rejection.

3. Simplified Consent Withdrawal

GDPR principles mandate that users retain full control over their consent. Companies must ensure that withdrawing consent is as straightforward and accessible as giving it, reinforcing user autonomy.

How UniConsent CMP Helps Businesses Comply

UniConsent’s Consent Management Platform (CMP) equips businesses with the tools needed to align with the Belgian DPA’s stricter enforcement policies and evolving European privacy laws. Key features include:

1. Customizable Consent Banners

UniConsent allows businesses to design consent banners that adhere to the DPA’s new standards. With clearly visible and equally prominent "accept all" and "reject all" options on the first layer, companies can meet transparency and usability requirements seamlessly.

2. Real-Time Consent Analytics

By offering real-time insights into user consent behaviors, UniConsent enables businesses to track compliance metrics effectively. This data-driven approach helps maintain alignment with regulatory standards while optimizing user engagement.

3. Automatic Cookie Scanning and Disclosure

UniConsent automates the identification and disclosure of cookies, ensuring compliance with GDPR and similar privacy regulations. This feature simplifies cookie management and minimizes the risk of oversight.

Building Trust Through Compliance

The Belgian DPA’s adoption of enforceable orders reflects a growing emphasis on fair, transparent cookie consent practices across Europe. By proactively aligning with these stricter standards, businesses can avoid regulatory penalties and build trust with their users.

UniConsent’s CMP offers a comprehensive solution to help organizations navigate these challenges, providing the tools necessary to meet the demands of a privacy-conscious landscape. Through compliance, companies not only safeguard their operations but also strengthen their relationships with users, positioning themselves as leaders in ethical data practices.

About UniConsent

UniConsent is a part of Transfon's privacy-first User Experience Platform serves tens of millions of users per day to provide a seamless privacy experience for both users and publishers in the age of post GDPR. Contact us to know more: hello@uniconsent.com