According to the GDPR, organisations require people with a privacy notice that is: In a concise, transparent, intelligible, and easily accessible form.It helps website owners to ensure that their websites are compliant with EU data protection regulations. Generally, cookies track personal data; therefore, they are subject to GDPR. The General Data Protection Regulation (GDPR) states that, whoever deals with the personal data of EU citizens, no matter where they reside, must comply with this law.
Enterprises gather an immense amount of personal data on their users. GDPR requires that every user should know how the data is used, stored, and retained, and where it is being sent.
A cookie notice appears on a website whenever a user visits it for the first time. When users accept the cookie notification/banner, the website keeps track of that specific user’s personal data.
What Is A GDPR Cookie Notice?
A cookie warning pops up when a user visits a website called a cookie notice. It declares the tracking technologies on a site and gives the user a choice to accept or reject prior to processing their personal data.
These cookie consent banners are displayed on a website to comply with the cookie law.
The ePrivacy Directive states that every website must provide a cookie consent banner that is compliant. The fundamental purpose of this banner is to alert website users about cookies and obtain their consent.
However, the EU legislation concerning cookies and personal information has now changed. The cookie consent notice is still needed, but the requirements have become too strict.
Having a cookie disclaimer merely stating that a site is using cookies is not sufficient now. Instead, a user must be empowered with a choice of prior consent.
Why Notice of GDPR Cookie Consent Not Working
The GDPR cookie consent notice is not working effectively due to issues such as poorly designed consent banners, lack of clear information, incomplete compliance measures, technical challenges, and user experience problems. These factors contribute to user frustration, confusion, and distrust, ultimately leading to non-compliance and a negative impact on website engagement.
EU Requirements For Cookie Notifications And Warnings.
The EU ePrivacy Directive states and prefers prior and informed consent of website users; however, the General Data Protection Regulation (GDPR) requires you to document each user’s consent.
A compliant cookie management solution must incorporate the following features:
- It must provide specific and accurate knowledge to the users regarding cookies and tracking technologies.
- It is important to ask users for their consent. This step is necessary because, through their consent, you will have access to their settings, and if they change their mind, they will be able to make changes accordingly.
- One must make sure that a user has requested consent prior to the setting of cookies in his/ her browser.
- Make sure that the website is functioning correctly despite the user’s choice to opt out of every necessary cookie.
- Maintain a record of the given consent.
The organisation must ensure that it implements a GDPR-compliant cookie consent solution on its website that includes all the features above.
Common Issues with GDPR Cookie Consent Notices
Poorly Designed Consent Banners
One of the most common issues with GDPR cookie consent Compliance notices is pinched design. Many banners are either too intrusive or too subtle, making it difficult for users to understand what they are consenting to.
Lack of Clear Information
Some cookie consent notices fail to provide clear and concise information About What data is being collected and how it will be used. This lack of transparency can lead to user confusion and distrust.
Incomplete Compliance Measures
In some cases, websites may implement cookie consent notices but fail to follow through with proper compliance measures. This includes not honouring user preferences or not providing a way for users to withdraw their consents.
Technical Challenges
Inconsistent Implementation Across Devices
Another challenge is the inconsistent implementation of cookie consent notices across different devices. What works well on a desktop browser may not work effectively on a mobile or tablet experience.
Browser Compatibility Issues
Different web browsers handle cookies and scripts in various ways, leading to compatibility issues. A consent notice that works in one browser might not function properly in another.
Impact of Ad Blockers
Ad blockers can also interfere with cookie consent notices, preventing them from displaying correctly or at all. This can leads to non-compliance if users are not given the opportunity to provide consent.
User Experience Problems
User experience problems with cookie consent banner regularly stem from intrusive pop-ups, confusing language, and a lack of clear options. Intrusive pop-up can frustrate users, leading them to leave the site. Additionally, technical jargon or too many choices can swamp visitors, making it challenging for them to understand and manage their consent preferences.
Intrusive Pop-Up
Interfering pop-ups can disturb the user experience, leading to frustration and a negative Impression of the website. If the consent notice is too intruding, users may leave the site altogether.
Implementing a Compliant Consent Banner with Seers
- Seers offers an inclusive solutions for implementing a compliant consent banner on your websites, ensuring adherence to EU ePrivacy Directive and GDPR requirements.
- Our platform provides user with specific and accurate information about cookies and tracking technologies, promoting transparency and informed consent.
- With Seers, you can easily obtain and document user consent before any cookies are set. Their system allows users to manage their preferences and withdraw consent at any time.
- Additionally, Seers ensures your website functions correctly even if users opt out of necessary cookies, maintaining a seamless user experience while upholding strict compliance standards.
Frequently Asked Questions (FAQs)
Does the use of Cookies end by the arrival of GDPR and ePrivacy Regulation?
No, the regulations do not prohibit cookies. The only difference these two laws have brought is that ePrivacy Regulation clarifies the relationship GDPR has in relation to the use of cookies, such as the consent requirements and expectations of information provided. The ePrivacy Regulation, in replacing the ePrivacy Directive will harmonize the requirements across the EU as a whole.
What about cookies?
The EU legislation named as ePrivacy Directive 2002 deals entirely with cookies. You may have a “cookie wall” or “cookie consent bar” in place, but GDPR requires the consent obtained through the notice to be through a clear and affirmative action, freely taken by the user.
Can the cookie banner appear only to EU visitors?
Yes, you can target EU visitors only with specific cookie banners. Besides, you can change the setting to adjust for different jurisdictions.
How can I record and store all the cookies consents I get?
The process takes place automatically. When the cookie banner pops up, the visitor will provide his or her consent. A visitor can change his mind. You should ensure that the cookie consent solution that you implement on your website includes a consent log.
What is a compliant cookie consent banner?
A compliant cookie consent banner must provide the ability to obtain clear, prior and explicit consent provide the ability to scan a website periodically and identify all the different types of cookies enable users to set preferences for the different types of cookies provide a consent log provide a cookie policy that complies with GDPR Seers provides a market-leading cookie consent banner that encompasses all the above features and more!
