How to obtain explicit consent?
The Draft Guidelines set out requirements for obtaining explicit consent. The Turkish DPA specifies that the consent must be specific, informed, and freely given.
Specific consent. The cookies’ purposes, duration, and information about whether they are first or third-party cookies must be provided before consent collection. Providing generic information such as “I consent to the processing of my personal data” would not be specific and thus not valid.
Informed consent. The information must be provided before or at the time of collection of personal data. It must be easily accessible and noticeable, and the content of the information must be simple, easy to understand, and comprehensible.
Freely given. It must be easy to withdraw consent at any time. It is recommended to have a tiny icon or button linked to the cookie settings page remain visible all the time on the website.
It is recommended that the frequency of re-presenting to the users the cookie banner to obtain their cookie consent preferences should be limited. The Turkish DPA states that this would cause “consent fatigue” and affect users’ free will. However, it is not suggested how many months must be elapsed before you should ask for a renewal of consent.
It is further recommended to have the “Accept,” “Reject,” and “Preferences” buttons presented of the same color and size.
Besides, the cookie banner should include a link to the privacy policy, and cookies that require prior consent must be un-ticked. Learn how to make a compliant cookie banner.
