What are the Danish cookie guidelines?

The Danish cookie guidelines are some of the strictest in the world.

As a matter of fact, there are two different laws in play if you have a website that uses cookies:

Cookiebekendtgørelsen (the Danish cookie law)
The General Data Protection Regulation (GDPR)

But why two laws?

Cookiebekendtgørelsen (Danish Cookie Law)

Cookiebekendtgørelsen (BEK no. 1148 of 09/12/2011) is the national Danish adaptation of the European ePrivacy Directive from 2002.

The Danish Agency for Digital Government (Digitaliseringsstyrelsen) supervises compliance with Cookiebekendtgørelsen.

According to the Danish Cookie Law, if your website uses cookies that store, collect, or gain access to information on your visitor’s device, you must obtain the visitor’s explicit and informed consent.

Because of this, you are required to use a cookie banner on your website.

But the game changes when we talk about tracking cookies. Due to the fact that they collect personal information about your visitors, which is processed either by you or third parties (e.g., Google, Facebook, Amazon, Hotjar, etc.) the consent rules fall under the GDPR.

The General Data Protection Regulation (GDPR)

The GDPR is all about data processing and how you must handle personal information.
Although the GDPR talks very little about cookies, it concerns the data most cookies collect, especially tracking cookies (and any other tracking technology, i.e., fingerprinting).

If you use cookies that collect your users’ personal information for further processing, then you must collect valid consent under the GDPR.

According to the GDPR, valid consent is:

How do you collect valid consent to cookies in Denmark?

To comply with the Danish cookie guidelines and the GDPR when using cookies on your site, make sure you follow these 9 steps:

Will the Danish cookie guidelines impair my marketing?

Not necessarily. You can still collect marketing data as long as you get consent to do so.

And with a Consent Management Platform (CMP) like Cookie Information’s, you can easily collect valid user consent on your websites and apps.

The CMP gives you a transparent cookie banner informing visitors of cookies and your data collection practices. The keyword here is ‘transparency’: because transparency builds trust between you and your users, strengthening your business relationships.

What about users who opt out of data processing?

You can gain additional insights when users reject cookies through the seamless integration with Google’s Consent Mode v2. You can then use these additional insights to improve your reporting, attribution, and bidding strategies.

Ultimately Cookie Information’s CMP enables you to protect user privacy without compromising your marketing goals. And right now, you can test it out for 30 days – completely free, with no commitments.

FAQ

Non-compliance can lead to legal repercussions, including fines and penalties, as it would be a violation of data protection laws.

Certain types of cookies, like those necessary for basic website functionality or security, may be exempt from the strict consent requirements.

Yes, these guidelines can evolve. It’s advisable for website owners and users to stay informed through official channels like the Danish Data Protection Agency’s website.

The Danish cookie guidelines are designed to align with the broader requirements of the GDPR, particularly in terms of consent and data protection.

Most websites do. This can either be technically necessary cookies (e.g., cookies that remember language choices, login settings, shopping cart cookies), or it can be cookies placed by some of the services you use, e.g., Google Analytics, Facebook, Instagram, LinkedIn, Hotjar, etc.

Maybe not, but many of the third-party services you use (Google Analytics, Facebook, Amazon, etc.) do. If you use third-party services that set cookies through your website, then you are the data controller (Data Controller according to GDPR). Therefore, it is your responsibility to obtain consent for cookies for these services.

No. Google Analytics uses several cookies that collect your visitors’ personal data, which also gives you insight into who your visitors are, how they come to your website, and what they look at. This is made possible by cookies that track your visitors on the website. If you use Google Analytics, then you must obtain GDPR consent.

Technically necessary cookies are important for your website to function and for your visitors to use different features on the site. This could be to save your visitors’ login or remember what they put in the shopping cart (so the items are saved when they click to a new page). Technically necessary cookies are not Google Analytics.

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