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The General Data Protection Regulation (GDPR) and the ePrivacy Directive (ePR) affect how you as a website owner may use cookies and online tracking of visitors from the EU.

 

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GDPR compliance is the new law of the digital lands - how to achieve gdpr compliance is Cookiebot's expertise

Updated May 27, 2020.


In May 2018, a uniform data law took effect across all 27 member states that protect the privacy of its citizens on the world’s digital infrastructures.

It's called the General Data Protection Regulation (GDPR).

In this article, we’ll map out the topic of GDPR compliance, provide you with several GDPR checklists and discuss the requirements for GDPR cookie compliance.


1. GDPR compliance – what is the GDPR?


The General Data Protection Regulation, or GDPR, is the now well-known EU law that came into effect in May 2018 with the purpose to create a uniform standard of data protection law in the European Union – and beyond.

It lays down the rules for the protection of natural persons and their right to privacy with regard to the processing and free movement of personal data.

In other words, it rules how companies and organizations are allowed to process the personal data of European citizens.

In a sense, the GDPR is the first uniform, legal step towards shaping an understanding of what data really is – and how we should think about it. Data is not just exhaust that giant ad tech companies can suck up for free, as has been the dominant practice for a decade on the Internet.



GDPR compliance means thinking about data is a new wayGDPR compliance means thinking about data in a new way.

GDPR compliance regulates the flow of EU data on the Internet.



On the contrary, the GDPR lays the foundation for a new way of thinking about the data we generate with our online behavior: it ultimately belongs to the user and it is therefore the user who must consent to any collection and processing of it.

GDPR compliance entails respecting user privacy and anonymity. Below we present you with a GDPR compliance checklist, so you can get started.

Even though it is a European law, its purpose is data protection and the protection of the right to privacy for all EU citizens, and so any website in the world who services Europeans and process their personal data is required to achieve GDPR compliance.

In total, the GDPR empowers EU citizens with eight individual rights, including the right not to have one’s personal data collected and processed without prior consent.

In doubt whether your website is GDPR compliant? Test with Cookiebot's free compliance test.

Try Cookiebot free for 30 days... or forever if you have a small website.


EDPB guidelines on valid consent

On May 4, 2020, the European Data Protection Board (EDPB) adopted guidelines that clarify what constitutes valid consent for processing of personal data in the EU.

The EDPB guidelines make it clear that scrolling or continued browsing on a website (“implied consent”) is not valid consent, and that cookie banners are not allowed to have pre-ticked checkboxes.

Cookie walls (forced consent) are also being ruled a non-compliant way of obtaining user consent for processing of personal data.

The EDPB is the highest supervisory body with the responsibility of ensuring the coherent interpretation, application and enforcement of the GDPR across the European Union.

EDPB is made up of representatives from the data protection authorities of each EU country, and their guidelines and decisions form the basis of GDPR enforcement across Europe.

Learn more about the EDPB guidelines on valid consent.



GDPR compliance with Cookiebot CMP

A GDPR compliant consent banner from Cookiebot.



GDPR checklists


We realize that you can get drowned in information as a website owner looking for a consent solution, and that some simple GDPR checklists are a much easier way to get ahead on your GDPR compliance.

In the following part, we will present you with some GDPR checklists for cookie compliance on your website.


GDPR checklist on valid consent

In this GDPR compliance checklist, we give an overview of what constitutes valid consent according to the GDPR:

You find more about consent in Article 7 of the GDPR.



GDPR compliance mandates a secure storage of the consent given by a website's users.

GDPR compliance also means storing securely the consent of all users to a website.



GDPR checklist on legal requirements for websites

In this checklist, we look at what you need to have on your website in order to achieve GDPR compliance when it comes to cookies and tracking:

GDPR cookie compliance is best secured through a ready-at-hand consent and compliance solution like Cookiebot. We empower your website with all of the above requirements for GDPR compliance.

In doubt whether your website is GDPR compliant? Test with Cookiebot's free compliance test.

Try Cookiebot free for 30 days... or forever if you have a small website.


GDPR checklist on how to handle personal data

In this GDPR checklist, we list the requirements for handling of personal data.

The data must be:

  1. processed lawfully, fairly and in a transparent manner in relation to the data subject
  2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
  3. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (also known as data minimization)
  4. accurate and, where necessary, kept up to date
  5. kept in a form which permits identification of data subjects for no longer than necessary for the purposes for which the personal data are collected
  6. processed in a manner that ensures appropriate security of the personal data

You can find more on how to handle personal data in Article 5 of the GDPR.


Try Cookiebot's free GDPR compliance test.


GDPR checklist for legal bases of data processing

Another useful GDPR requirements’ checklist is one that presents you with the legal bases for data processing.

For most websites, it is the legal basis of consent that is relevant, but it might be useful for you to know what other bases exist for data processing in the European Union.

In this GDPR checklist, you find the legal bases for processing of data as required by the GDPR:

When processing personal data of EU citizens, one of the above legal bases must be presented. If this is not possible, you are not allowed to process personal data.

You find more on the legal bases for data processing in Article 6 of the GDPR.


Try a free GDPR compliance check.


2. GDPR compliance - what are the rules for cookies?


If your website processes any information of EU citizens, you must obtain the consent of your users prior to the activation and setting of such cookies, the GDPR rules.

This is the very crux of what the GDPR dictates on the use of cookies for companies, organizations and websites in general.


Reminder - what are "cookies"?

Cookies are text files that are set on a user’s browser by websites with the intention to track and monitor their behavior.

That’s why the use of cookies and similar tracking technologies are subject to the rules and regulations protecting personal data and privacy stipulated by the GDPR.



GDPR compliance means asking users for explicit consent before handling sensitive personal information

GDPR compliance for websites means obtaining consent before any cookie activation.



Many website owners themselves don’t have the complete picture of what cookies are in operation on their website. This is due to the nature of cookies – they can be of first- or third-party provenance, be temporary or permanent, and serve a vast number of different purposes.

In other words, website cookies are numerous and inconsistent, and getting an insight once and for all won’t do, as they tend to change often.



So, what are "compliant cookies"?

Well, in reality, cookies in and of themselves cannot be compliant. It’s what you do with the cookie that matters. Cookie compliance according to the GDPR really has nothing to do the technology of the cookies themselves. Cookies are not illegal by their own nature.

No, GDPR cookie compliance has all to do with what you do with cookies – how you use them and for what purpose.

For your website to achieve GDPR cookie compliance, it must abide by the specific rules that the regulation has set down for the use of cookies and similar tracking technology. Even though the word cookie is only mentioned once in the official GDPR law text, it does specify very clearly how a website has to handle user data and the personal information of their visitors.

The core of GDPR cookie compliance for websites can be summed up in this mantra:

You must obtain and store securely the freely given consent of your users before any processing of their data can take place on your website.

Website tracking, such as analytics programs and marketing schemes, need to abide by the GDPR requirements – such as not having pre-ticked marketing cookies as a default.

Check your GDPR compliance for free.


3. GDPR compliance - consent manager and compliance bot


So, if you have a website, by now you’re probably convinced that you need to achieve GDPR compliance.

Cookiebot is the leading GDPR compliant consent management solution in the world. Our scanning technology finds all cookies and similar tracking on your website, then it automatically blocks it until your users have given their consent.

Cookiebot features the following functions:

  1. Monthly website scan with complete cookie and tracking detection.
  2. Cookie report with full disclosure of all cookies and tracking that can be used as a GDPR compliant cookie policy.
  3. Automatically updated cookie declaration for your website’s privacy policy.
  4. Customizable cookie consent banner displaying all cookies grouped in four comprehensive categories that the user can opt in and out of directly in the banner.
  5. Secure storage of all given consents.
  6. Annual renewal of consent upon the user’s first revisit to the website.
  7. Enabled withdrawal (or change of consent state) for users directly in the cookie declaration.

Cookiebot is simple and fast to use, implemented from the cloud into your website’s source code. We enable one hundred percent GDPR compliance when it comes to cookies and tracking. Try our consent and compliance bot for free today.

Is your website GDPR compliant?

Try our consent and compliance bot for free today to find out.


What is a GDPR compliant cookie message?

A GDPR compliant cookie message gives full transparency and disclosure about the cookies in operation on the website, without overwhelming the user (an actual requirement in the GDPR).

A compliant consent banner informs the user about what cookies are in operation, for what purpose, their duration and their provenance, along with the possibility to prevent them from being launched.​

A compliant consent banner also has no pre-ticked checkboxes on any categories of cookies except for those strictly necessary for the basic function of the website. Users must also be able to easily revoke their consent if they change their minds.

Find out what to write in your cookie consent banner.

The cookie compliance message displays on the website upon the user’s first visit to the site, and then again, if the user has consented to cookies, upon the user’s first renewed visit once every 12 months.



GDPR an ePR compliant cookie consent banner

A GDPR compliant Cookiebot consent banner seen on the web.



Your users can opt in and out of the different categories of cookies directly in the banner. Detailed information about all of the cookies folds out directly from the banner.



GDPR compliant cookie consent banner unfolded for more details

A GDPR compliant Cookiebot consent banner with unfolded details.



Cookiebot empowers your users with real consent and enables total GDPR compliance for you and your domains.


4. GDPR compliance – what are the consequences of non-compliance?


The consequences of not being GDPR compliant… well, they can be grave. And not only for your users and their privacy, which might well be infringed and violated by third parties and their data harvesters, but for you and your website or company as well.

The GDPR has a pretty hefty enforcement power – with fines of up to 4% of a company’s annual global turnover or €20 million – whichever is highest.


GDPR fines

Whichever is highest is crucial provision in the GDPR, because this can in fact turn out to be quite a lot!

The British data protection agency ICO has issued an intention to fine British Airways a whopping €204 million, likely for a breach of Article 32 of the GDPR concerning “security of processing”, for an incident involving the hack and harvesting of half a million passengers’ personal data.

In a similar incident, it has issued an intention to fine Marriott International, the hotel chain, €110 million for an incident involving the exposure of a variety of personal data up to 339 million guests worldwide.

Check out all the GDPR fines issued so far on Privacy Affairs.



GDPR compliance means protecting the privacy and autonomy of website users.

The GDPR protects the anonymity of EU citizens - violations are being heavily fined.



The French data protection authority CNIL fined Google €50 million in January 2019 for violations of Article 5 (lack of transparency), Article 13/14 (insufficient information) and Article 6 (lack of legal basis).

On smaller scale, the Danish data protection authority Datatilsynet fined the Danish furniture company IDdesign €200.000 for the processing of personal data for a longer period than necessary for the purposes for which they were processed.

The latter example is perhaps a more relatable story for smaller, independent website owners the world over – violations of the GDPR aren’t always premeditated, simple laziness and negligence can land you in deep trouble.

Check if your website is GDPR compliant with our free compliance test.


Summary


With the GDPR, the EU and the world reached a new threshold for privacy protection.

GDPR compliance for a website means rethinking what data is – respecting users and their private lives, asking for their consent to use any details of them and their lives before collection and processing takes place.

Using a consent solution like Cookiebot is the balanced way of respecting your users’ private, anonymous lives, while not breaking your statistics and online marketing revenue.

If you're in doubt as to whether your website complies with EU's data protection requirements, you can check your GDPR compliance for free.

GDPR compliance does not mean the end of your online business model – try Cookiebot and see for yourself.


Resources


Try Cookiebot's free GDPR compliance test

The GDPR (official law text)

The ePrivacy Directive (official law text)

CJEU and the Planet49 ruling on valid consent in the EU.

ICO has updated their guidelines on what constitutes valid consent in the UK

CNIL has updated their guidelines on what constitutes valid consent in France

GDPR enforcement tracker

World map of data protection laws by DLA Piper

Lawfulness of processing (Article 6 GDPR)

Conditions for consent (Article 7 GDPR)

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