Italy's Approach to Cookies

Italy's data protection authority, the Garante per la protezione dei dati personali, published its cookie and other tracking tools guidelines in June 2021 and allowed a transition period before enforcement. The text is detailed and specific, which makes it useful both for sites with Italian visitors and as a checklist of good practice for any publisher.

Technical Cookies and Everything Else

The guidelines distinguish technical cookies, which are needed to deliver a service the user asked for, from profiling and other tracking tools that need prior consent. Technical cookies can be set after giving the visitor information. Analytics cookies can sit on the technical side only when they are used strictly to measure your own site in aggregate form and the data cannot easily identify individuals. Anything used to build profiles or serve targeted advertising requires consent first.

What a Valid Banner Looks Like

• Scrolling is not consent. The Garante states that scrolling the page or clicking on content cannot be treated as an affirmative choice on its own.
• A clear way to continue without tracking. The banner should offer a close or reject route, commonly an X or a continue-without-accepting option, that leaves non-essential tools off.
• Layered information. A short first layer with a link to a fuller notice, including the list of third parties and purposes.
• Granular choice. Visitors should be able to choose by category or purpose, not just accept all.
• Non-intrusive design. The banner should not block navigation in a way that pushes people to accept.

Cookie Walls

The Garante's guidelines treat cookie walls, where access is conditioned on accepting tracking, with suspicion, because consent that is a condition of access is hard to describe as freely given. Where a site wants to offer an alternative, such as a paid option, that choice needs careful design and legal review. Pay-or-consent models are being examined across the EU, so check the current position before relying on one.

Remembering and Re-Asking

Once a visitor has chosen, the site should remember that choice so the banner is not shown on every page. The Garante's guidelines indicate that the banner should not be shown again for a period unless circumstances change, and they point to about six months as a reference point for renewing consent. If you change vendors or purposes materially, you should ask again sooner.

How to Audit Your Italian Experience

1. Visit the site from an Italian region in a clean browser profile.
2. Before touching the banner, list the cookies and network calls already present. Only technical ones should be there.
3. Close or reject the banner and confirm the list does not grow.
4. Scroll and click through several pages and confirm that no tracker starts working.
5. Accept selectively and verify that only the chosen categories appear.
6. Reload and check that your choice is remembered and that the banner stays away.

Language and Wording

The information has to be understandable to Italian visitors, so the banner and notice should be offered in Italian. Keep the wording plain and avoid technical vocabulary that the average reader will not follow.

How FlexyConsent Helps

FlexyConsent is certified by IAB Europe and IAB Canada and is a Google-certified CMP (ID 317). It supports IAB TCF 2.4 and Google Consent Mode v2, and the banner is available in 58 languages, Italian among them, with coverage for EU/EEA and UK visitors.

Key Takeaways

• The Garante does not accept scrolling or clicking elsewhere as consent.
• Offer a clear route to continue without tracking, plus granular choices.
• Distinguish technical cookies from profiling and advertising tools.
• Remember choices and re-ask after a reasonable period; about six months is the reference point.
• Audit from a clean browser profile and watch what loads before any interaction.