More than five years after the Italian Data Protection Authority adopted its Guidelines on cookies and other tracking technologies, and with the guidelines on email tracking pixels due to become applicable on 29 October 2026, the management of cookies and other tracking technologies remains a significant compliance issue for businesses operating online.

The use of cookies, pixels, SDKs, analytics tools and similar technologies requires a prior assessment not only from a data protection perspective, but also with regard to the methods used to obtain users’ consent and the accuracy of the information provided through cookie banners, cookie policies and privacy policies.

Particular attention should be paid to the use of advertising platforms, profiling services and performance measurement tools that involve the processing of data for marketing purposes or the sharing of information with third parties.

European and national authorities continue to monitor this area, with increasing scrutiny of the actual effectiveness of consent collection mechanisms, the use of dark patterns and the compliance of consent management platforms (CMPs) with the applicable legal requirements.

Businesses should therefore periodically review the configuration of their websites and applications, ensuring that the tracking technologies actually in use are consistent with the information provided to users and with the preferences expressed by them.

Proper cookie management is not merely a regulatory obligation. It is also an increasingly important means of strengthening users’ trust and reducing the risk of enforcement action by supervisory authorities.

categoria:European Case Law