Cookie Consent Explained – Achieve Compliance with Seers CMP

A cookie consent notice is a legal requirement that websites obtain visitors’ consent before placing cookies on their devices. Users can give consent through a cookie banner.

Your website must allow users based in Europe to manage the activation of cookies and trackers that collect personal data. Businesses need to get it right to comply with the strict cookie laws, as cookies are subject to robust data rules. 

In this blog post, we’ll cover the most critical points regarding the EU’s GDPR, cookies, and data privacy compliance on your website and how Seers’ consent management platform (CMP) takes care of them all.

What Are Cookies? 

Cookies are small text files containing scripts. These scripts store user data to ensure the website’s proper functioning. 

Just like a password, user consent allows the user to decide whether they want their information stored by cookies.

What is cookie consent? 

Cookie consent is crucial for websites compliance, especially for those that handle personal data, requiring explicit permission from visitors to activate cookies. This compliance is essential under various data protection regulations like GDPR, LGPD, and CCPA.

• Cookie consent is obtaining permission from users to activate cookies that handle personal data.
• Compliance is mandated by GDPR (Europe), LGPD (Brazil), and CCPA (California), among other data protection laws.
• Visitors must be informed and provide consent before cookies that process personal data are activated.
• Implementing effective solutions to automate cookie consent helps ensure compliance and streamline the user experience.

Why is cookie consent important? 

Data protection authorities scrutinise a website’s cookie consent mechanism and might penalise you if you don’t comply. On the other hand, end-users and consumers are becoming more aware.

The level of data privacy of a brand is becoming more closely related to its reputation and ability to attract customers.

How does cookie consent Notice work? 

Cookie consent works by giving visitors the choice of consent to refuse or set their cookie preferences for that website. When visitors first visit a website, they are frequently asked to consent to cookies via site banners or pop-ups. 

One thing to remember is that cookie consent laws differ based on site visitor location. For example, non-essential cookies require approval from visitors in the European Economic Area (EEA) before a website can use them. On the other hand, visitors outside the United States do not need to consent to use cookies. 

Requirements of Cookie Consent Laws

The Cookie Law is a privacy law that mandates websites to obtain visitors’ consent before storing or retrieving any information on their devices. For this purpose, a Cookie consent banner is used.

 requirements of cookie consent laws in the EU

The EU Cookie Legislation started as a directive from the European Union to protect online privacy. Since then, all EU countries have adopted some variation on the cookie policy. 

Website owners should do the following to comply with ePrivacy, GDPR in the EU while using cookies: 

• Except for cookies that are strictly essential, obtain user consent before placing cookies on a visitor’s device. 
• Before requesting consent, provide accurate and explicit information in plain language about the data each cookie collects and its purpose.
• Keep track of the permissions you’ve gotten from users. 
• Allow users to utilise your service even if they have disabled the use of certain types of cookies. 
• Make it as simple for users to withdraw their consent as it was for them to grant it in the first place.

What Is Cookie Consent In Compliance With GDPR?

Under the General Data Protection Regulation (GDPR), prior consent is required to process and collect data. GDPR further requires the website to have a crystal clear consent policy.

The user must know how the site will use the acquired personal data. In this regard, explicit consent must be obtained, and opt-in and opt-out options must be available.

What Laws Require Cookie Consent?

Cookie Consent is required under the laws of the USA, EU, UK, Brazil etc.

General Data Protection Regulation (GDPR) Cookie Consent:

The GDPR (General Data Protection Regulation) is a key data privacy law that mandates explicit consent before collecting or using personal data. It also requires that users are informed about the purpose of data collection.

What Constitutes Personal Data?

• A cookie is considered personal data if it contains information about an identifiable individual or if it combines with other data to reveal identifiable details.

Consent Requirements

• The consent process must be simple and clear.
• GDPR cookie banners must clearly state the purpose of data collection.

Geographic Scope

• GDPR applies to all EU countries.
• Post-Brexit, the UK follows similar rules under GDPR-K.

Over 50,000 businesses use Seers’ Cookie Consent Management Platform (CMP) to ensure compliance with GDPR, PECR, CCPA, ePrivacy, and LGPD.

EPrivacy Directive Cookie Consent:

Preceded by GDPR, the eprivacy directive has key measures. This directive also requires the consent of the user before issuing the cookie. The directive applies to the websites of EU countries.

Seers provide highly customisable cookies under the CMP solution in compliance with ePrivacy, GDPR, LGPD, ePrivacy and CCPA. Install in just three minutes and start for free.

California Consumer Privacy Act (CCPA) and Cookie Consent:

The California Consumer Privacy Act (CCPA) differs from the GDPR in that it allows businesses to collect user data before obtaining consent, as long as users have the option to opt out.

Key CCPA Requirements:

• It must include details about the cookie, its purpose, and its use on the site.
• It should specify whether data is shared with third parties.
• Users must be able to opt out of data collection.
• Like GDPR, CCPA requires prior consent for collecting data from minors through child-friendly cookie banners.

Seers Provides solutions for child privacy consent and meets GDPR, PECR, LGPD, CCPA, and ePrivacy requirements.

Lei Geral De Proteção De Dados (LGPD) and Cookie Consent:

The LGPD applies in Brazil, and it also requires free, unambiguous, and informed consent. Here, data subjects have control over their personal data.

It also demands that data subjects be informed about data processing clearly, easily and concisely.

Privacy and Electronic Communication Regulation (PECR) and Cookie Consent:

Under PECR, user consent is required. It is similar to GDPR because it also mandates the website owner to notify users about the cookie’s details. Most importantly, it also requires prior consent.

Design your cookie consent banners in your own way with Seers’ highly customisable cookie banners, which come in various colours, fonts, and designs and are compliant with GDPR, CCPA, LGPD, and ePrivacy.

Penalties for non-compliance

It is essential to be aware of implementing and securing your organisation’s data privacy to avoid fines and legal action for non-compliance with cookie consent laws.

Fines for violating GDPR cookie compliance

Since introducing Europe’s historic online privacy regulation in 2018, companies have faced hefty penalties.

• The Spanish DPA (NOYB) fines Twitter and Vueling Airlines €30,000 for not allowing users to reject cookies or manage cookie preferences.
• The Luxembourg DPA fines Amazon €746 million (July 2021) for processing personal data violating GDPR.
• The Irish DPA fined WhatsApp €225 million (September 2021) for not being transparent about processing user data.
• The French DPA fined Google €50 million (January 2019) for inadequate consent mechanisms for data processing.

Get a GDPR compliant cookie banner for your website and minimise your legal risk. 

How Can You Achieve Cookie Consent? 

Cookie consent is deceptively simple. When users visit your website, they are presented with a cookie consent pop-up that allows them to “accept” or “reject” cookies and other active tracking technologies on your site. 

However, cookie consent appears to be simple on the front end but really complex on the back end, and it is nearly impossible to manage without a cookie consent tool like Seers Consent Management Platform.