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What is the difference between a cookie consent banner or cookie notice? Also, what are the requirements for a cookie consent banner? Is this compulsory for GDPR compliance? Read the article below to find out all the answers to these questions. Let’s find out more about the GDPR law and what it stipulates regarding the cookie consent banner.
What is a cookie consent banner?
When a user first visits a website, the warning that pops up on that website is called a cookie consent banner. A website banner declares the cookies and tracking files present on a website. It also provides them with a choice to either accept or reject the use of all non-essential cookies prior to any use of cookies for the processing of their personal data.
What are the requirements of a GDPR compliant cookie banner?
Prior to delving deep into cookie banner details, one must understand what cookies are used for? Well, they are small text files containing scripts that store user data for the proper functioning of the website.
Although cookies are split into two categories, essential and non-essential, the former are required for website functionality, whereas, the latter are derived from various third party sources and are not really imperative for the functioning of the website.
The GDPR cookie consent banner is a way to acquire consent and inform the site visitor about their usage of cookies in a GDPR compliant manner. This piece of information is usually found on the top part of your homepage.
It may be placed on any other part of the website as well. You may use the GDPR cookie consent banner in addition to a cookie pop up and a cookie consent policy. This is part of GDPR compliance requirements.
First-party cookies are set by the website when the user visits a website for the first time. Third-party cookies are set by other domains or websites which track a user for relevant advertisements, retargeting and cross site tracking.
Session cookies are activated when a user starts a session and when the session ends, they expire. However, persistent cookies remain on the user’s browser until the expiration date is reached.
Nevertheless, all websites use these type of cookies and generally cause no harm. However, when cookies are collecting personal data without the user’s consent then there is an opportunity for misuse and a lack of control of the user’s data.
To address this uncertainty, the ePrivacy Directive was introduced establishing obligations to obtain upfront consent from the user.
Popups and notices
A cookie notice called a cookie banner appears on a website when a user pays their first visit.
A pop-up can be displayed by the banner, informing the user about the different cookies before the user can provide their consent. But it does not provide detailed information about the specific type of cookies being used and their purpose.
Not every cookie is useful in helping a website function. So, we don’t need all of the cookies but some of them have an essential purpose for proper functionality of a website.
Why is it important to comply with GDPR for cookie consent?
For instance, if a third-party domain or website is tracking a website user’s activities, likes/dislikes, what you consume, your transactions, travel & social habits etc. then they can easily develop a profile of this user and target them for products, services etc. They are able to do this through the use of third-party cookies that store the user’s personal data without the consent of the website user. The General Data Protection Regulation (GDPR) law enables users to provide their consent for the use of their personal data and protects the data and privacy of an individual user.
GDPR cookie consent banner pros:
- It allows quick consent extraction
- Can be helpful in acquiring and recording the consent derived from others
- This is a brief warning
GDPR cookie consent banner cons:
- It has to be supported with an in-depth cookie policy if the website visitor wishes to know more
- Can enable hasty decision making on the part of the website visitor
The General Data Protection Regulation (GDPR) contains a strict set of rules on consent, which apply to cookies as well:
- Users must have all the information related to cookies being used on the website and how their personal data is being shared.
- Users must also clearly be informed about the purpose of those cookies with the name and cookie id clearly specified.
- Users must be able to opt-in and opt-out from cookies, as is required by GDPR. They should have access to settings to make changes according to their requirements.
- Users must be informed about the duration of cookies, as some cookies are persistent while others expire right after a single session.
Features of a GDPR compliant cookie consent banner
A cookie consent banner compliant with GDPR must include the following features:
- Exclude all the necessary cookies and the remaining cookie types must be put on hold until a user gives his/her prior and explicit consent.
- Information about the type of cookies used on a website should be specified under the banner with accuracy and in plain and understandable language.
- If a user changes their mind and decides to opt-out of the cookies, then all the cookies (other than the necessary ones) should have the functionality to be disabled within the banner.
- The website must function adequately, notwithstanding, a user opts-out of certain cookies (non-necessary ones).
- The user content must be documented safely for future needs.
- The renewal of consent must be done on a fairly regular basis however, there is no guidance as to what would be considered a reasonable period to conduct this process.
Ever since the General Data Protection Regulation (GDPR) came into force, many websites are under pressure to modify their policies. Prior consent is the most important requirement under the GDPR and ePrivacy Directive.
Conclusion:
GDPR cookie consent banner is a quick tool that is required in order to receive the prior and explicit consent of a website user. The implementation of a GDPR compliant cookie consent banner on a website will enable an organisation to ensure that it is is compliant and has protected the privacy of all its customers as well as itself from potential fines, reputational risk and loss of business.
Frequently Asked Questions (FAQs):
1) Do you need a cookie consent banner?
A GDPR cookie consent banner is required only if you collect data from EU visitors. Only EU laws require GDPR compliant cookie banners; it is a legal obligation to display a cookie banner to the EU visitors.
2) How does a cookie banner work?
A cookie banner appears on the website when a user pays their first visit. It informs a user about the cookies being used and asks for their consent. Many websites set their cookies before receiving a user’s consent and therefore, they risk hefty fines and a loss of trust amongst its users.
3) Will your cookie banner prevent cookies from being injected in a computer before getting consent?
Yes, you ca