Who needs a cookie notice?
What are the requirements?
How can you get a GDPR compliant cookie warning for your website?
A consent banner is a cookie notice that appears on websites upon the user’s first visit to the site.
Cookie consent banners first started to show up on virtually every website in the EU in response to the ePrivacy Directive of 2002, popularly called “The cookie law”.
According to the Directive, all websites had to give a cookie alert to their users about the fact that they set cookies on the user's browser.
The purpose of cookie consent banners therefore was to alert the users of the website about the cookies and get consent for setting them.
However, the EU legislation regarding cookies and personal data has changed.
The cookie notifications are still required, but the requirements have become a lot stricter.
The two major changes in the legislation are:
The General Data Protection Regulation that was enforced on 25 May 2018.
The GDPR is the most significant initiative regarding data protection in over 20 years.
It sets strict regulations on how personal data must be handled, and comes with heavy fines for those who fail to comply.
The so-called ‘cookie law’, the ePrivacy Directive, is in the process of becoming an actual regulation.
It is currently being processed in the EU and will probably be implemented sometime in 2019 or in the beginning of 2020.
The two EU laws both have significant impact on the practice and use of cookie consent banners and the way in which we warn users about cookies and tracking.
With their enforcement, cookie consent banners on websites must change.
If you have a website or blog with visitors from the EU, you need a cookie warning or popup notice.
In theory, only websites that collect user data by means of cookies need to get consent for doing so from their users.
However, virtually all websites set cookies that track users.
For example if the website is hosted, makes use of plugins, tools for analytics, or has social media-buttons.
You can take an audit of your website if you are in doubt whether or not your website sets cookies.
The free audit scans five pages of your website and sends you a detailed report of the cookies and online tracking on these pages, including information on their provenance, purpose and whether or not they are compliant.
Sign up to the Cookiebot solution, if you want a complete overview of the cookies and online tracking going on on all of your website.
The EU ePrivacy Directive requires prior, informed consent of your site users, while the General Data Protection Regulation (GDPR) requires you to document each consent.
To be compliant, the cookie notice should be one component of a cookie management solution for your website, that takes care of the following tasks:
1. To provide the website users with specific and accurate information on all cookies and other tracking technologies in use on the website.
2. To give the users the possibility to opt in and opt out of the various types of cookies, and to have access to their settings and make subsequent changes to them if they change their mind.
3. To make sure that the user consent is requested prior to the setting of cookies in the users’ browsers.
4. To make sure that the website functions properly even though the user has chosen to opt out of all but the strictly necessary cookies.
5. To keep a record of all given consents for documentation, and to make sure that this documentation is securely stored.
6. Ask for renewed consent every 12 months upon the user’s first revisit to the site.
Cookiebot does all of the above.
The easiest way to comply is to sign up to a GDPR compliant cookie solution, that takes care of all the necessary processes automatically.
Be careful to choose a truly compliant solution.
Because the laws are complex, and because they are in the process of changing, there unfortunately are a lot of non-compliant or only partially compliant cookie solutions on the market.
You can try to take an audit of your website to check what cookies are in use on it, and find out what it takes to make your site compliant.
There exists numerous ways of getting a cookie popup on your website.
If you have the skills, you may develop one yourself, or else you can acquire a cookie consent plugin from one of many suppliers.
However, be careful and note that the vast majority of the actual cookie popup solutions on the market are not compliant with the EU law the General Data Protection Regulation, which is enforced on the 25th of May 2018.
The fines for non-compliance are very heavy.
Sign up to Cookiebot and become compliant in three steps.
The service is user-friendly and non-obtrusive to the overall user experience on your website.
Here is an example of a non-compliant cookie banner:
The use of this type of cookie popup is widespread on the internet today.
However, it is not compliant:
Furthermore, it neglects the requirement of prior consent.
Here is an example of a GDPR and ePrivacy Directive compliant cookie consent banner:
The user can swiftly opt in and out of the different types of cookies directly in the consent banner.
If they want to know more, they can scroll through detailed information on all the cookies, that fold out directly of the consent banner:
There exists numerous cookie popup generators on the internet.
You can easily find a vast choice by submitting “cookie banner generator” or "cookie popup" as a search query.
However, keep in mind that a cookie notice is completely worthless if it does not comply with the requirements of the actual regulations.
Check out Cookiebot to find a fully GDPR and ePrivacy Directive compliant cookie solution for your website.