Updated: May 9
The EU's General Data Protection Regulation, or GDPR (General Data Protection Regulation), is the world's most comprehensive and stringent data protection regulation. Companies and organizations worldwide are working to comply with this new set of rules.
What are Cookies?
Cookies are small text file cookie consent banner requirements s that websites store on your device when you visit them. They can store user preferences, track user behavior, and target ads.
Cookies don't contain viruses, but they can slow down your device and drain its battery life by downloading resources from the web server while browsing.
Under GDPR Cookie Consent Regulation, website owners must obtain user cookie consent before storing cookies on their devices.
This helps ensure that companies are transparent about how they use and protect personal data while giving people more control over their privacy.
What is Cookie Consent in GDPR?
GDPR stands for the General Data Protection Regulation, an EU law regulating personal data processing. The GDPR was enacted in May 2018 and requires companies to protect the privacy of their customers.
Companies need to obtain consent from users before collecting their data. The GDPR does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity.
Companies often ask for cookie consent because they need your permission to place these files on your device to function properly when visiting their websites (and others).
Without cookie consent from users, companies cannot set up the necessary tracking files that allow them to accurately measure traffic flows and gather usage patterns for site optimization purposes.
Which Cookies Require Consent?
The GDPR requires that you get consent for cookies that are used for the following purposes:
Direct marketing cookies
Multi-site cookies that track users' behavior
Cookies placed by someone who is not affiliated with the site you are visiting or by third parties
Socially shared content
Cookies used by first parties for tracking purposes.
How Has GDPR Affected Cookie Consent?
GDPR requires users to consent before cookies can be used on their devices.
The EU Cookie Consent Management Banner has been updated so that it's easier for users to understand and consent, but it still contains all the information you need for your website to comply with GDPR cookie consent requirements.
Cookie consent Banner for GDPR Compliance
To comply with the GDPR Cookie Consent Banner Requirements, you will need to ensure that your site complies with the following requirements:
The banner must be clearly visible.
The banner must be in a language that the user understands.
The banner must be in a format that is easy to read, such as text that has been formatted to accommodate screen size and font type.
The banner must not be misleading or confusing. For example, you can't say "yes" when you mean "no.” You shouldn't use euphemisms like "We store cookies on your computer." Instead, say something like: "We place data on your device."
The banner must not contain any marketing messages or promotional offers (e.g., “Click here for more information about our products”).
Are There Any Exceptions to the GDPR Cookie Consent Banner Requirements
Yes, and they're all legitimate reasons. The GDPR provides an exception when personal data has been processed lawfully in a specific context.
For example, if you've asked someone for their consent to use their information and they have given it, then that's fine—you don't need to ask again if that person is still using your website.
But if one of those users hasn't given you proper consent yet and they come back later on your website, then there needs to be some logic in place so that you can ask them again whether or not they want their data collected.
This logic should be built into your site so that no one gets confused about what's happening!
Also, remember that cookie consent doesn't mean "I'm okay with cookies"—it just means "I'm okay with third parties having access/using my information."
How Has Cookie Consent Changed Since the Launch of GDPR?
You may have noticed that most websites now use the same cookie banner. This is because it has been standardized, and all websites are required to use it under GDPR. It can be displayed in two ways:
A notice with a link to a page where you can find more information about cookies and how they work. This must be displayed after the user lands on the website for the first time, even if they don't visit any other pages.
A notice with a link explaining what cookies are and asking them whether they agree to store these cookies on their device—this must be displayed before any personal data is collected or processed when making a purchase online (for example).
What Happens if You Fail to Get Cookie Consent?
If you fail to get cookie consent, the EU could fine you up to 4% of your annual global turnover. Your website could also be blocked in some countries, and it may be downgraded in search results. You may also have to pay more to advertise on Google.
How to Get Cookie Consent
There are different ways to ask for permission, but the most common are:
A clear request for consent, where people can easily understand what’s happening and decide whether or not to accept cookies.
You should also be specific about the type of data you are collecting
The user must be able to withdraw their consent at any time.
A link to your data protection officer if you have one.
You must tell people how to delete their cookies if they want to.
If collecting data from children under 16, you must get parental consent. You can do this by getting the parent or guardian to sign a consent form or sending an email with a link to an online form where they can give their consent.
You must also inform users if their data will be shared with third parties.
We hope we have answered your questions about GDPR Cookie consent. As you can see, there is much information to take in, but it’s important for website owners and businesses to understand these cookie consent banner requirements so they can comply with them.
If you are still unsure about how to proceed after reading this article, we recommend contacting an expert who can help with all aspects of the GDPR cookie consent management process.