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GDPR Cookie Notice

A GDPR Cookie Notice is a leading cookie plugin for WordPress. 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 of how the data is used, stored, retained and where it is being sent. You cannot just simply accumulate data, and cookies are created for this purpose.

A cookie notice appears on the website, whenever a user visits a particular website for the first time. When users accept the cookie notification/banner, a website keeps track of the personal data of that specific user.

gdpr cookie noticeWhat is a GDPR Cookie Notice?

A cookie warning pops-up when a user visits a website that is referred to as a cookie notice. It declares the tracking technologies present on a site and provides the user with a choice to accept or reject prior to any processing of their personal data.

These cookie consent banners should be displayed on a website in order to comply with the cookie law under the ePrivacy Directive and the General Data Protection Regulation (GDPR).

The ePrivacy Directive clearly mentioned that every website must provide a compliant cookie banner. The fundamental purpose of this banner is to alert website users regarding cookies and to obtain their consent.

However, the EU legislation concerning cookies and personal information has now changed. The cookie consent notice is still needed, but now the requirements have become way too stringent.

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.

In general terms, the GDPR cookie notice which people are using currently is merely a box including text informing on the usage of the cookies. It only has an “Ok” button and a link to the site’s privacy policy or cookie policy.
It is really not enough under GDPR.

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 followng features:

  • It must provide specific and accurate knowledge to the users regarding cookies and tracking technologies being used on the website.
  • Users must be given a possibility to opt-out and opt-in, over several cookies. This step is necessary because, through their consent, you will have access to their setting, and if they change their mind, so 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 has chosen to opt-out from every necessary cookie.
  • Maintain a record of the given consents for documentation purpose, and this document must be securely stored.
  • Consent should be renewed on a regular basis, and so it should be set to track the duration of the consent.

Organisation must ensure that they implement a GDPR compliant cookie consent solution on their website that includes all the features above.

Frequently Asked Questions (FAQs)

1) 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.

2) What about cookies?

The EU legislation named as ePrivacy Directive 2002 deals entirely with cookies, and under GDPR, they are only mentioned once. 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.

3) 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.

4) 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. The consent will be recorded and stored according to the regulations. If a visitor changes his mind and requests to withdraw it, the consent will be removed from the records. You should ensure that the cookie consent solution that you implement on your website includes a consent log.

gdpr cookie notice

Q. What is a compliant cookie consent banner? 

A compliant cookie consent banner must:

  • provide the ability to obtain clear, prior and explict 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!

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