In the wake of the GDPR, many websites have installed cookie pop-up banners on their site. These banners inform visitors of cookies. So far, so good.
However, most of these banners do not comply with the GDPR and therefore risk fines!
Why?
Because cookies typically start tracking before valid consent is obtained.
The cookie banners therefore serve no legal purpose other than to inform of cookies.
Can it be solved?
Of course, it can. Here we explain prior consent to cookies.
What is prior consent?
The GDPR and the European ePrivacy Directive require getting an explicit consent before using cookies (prior consent) other than those necessary for the website to work properly.
This is explicitly stated in the General Data Protection Regulation Article 6(1)(a): Processing of personal data is only lawful if you obtain the user’s consent.
But why do cookies require consent?
Because many cookies collect and process your visitors’ personal information to build online profiles for marketing purposes.
To process personal data, you need a consent. And according to Recital 32 of the GDPR, silence, pre-ticked boxes or inactivity does not count as consent.
Let’s show you what prior consent is.
Example of prior consent
Not a GDPR cookie compliant website:
A user visits your website. Your cookie pop-up banner informs the user that your site uses cookies. There is a huge ’agree’ button (consent), but not a ’disagree’ or ’reject’ button.
But most importantly, even before the user does anything, cookies from Google Analytics, Facebook Pixel, YouTube, Doubleclick, Adform etc. are already tracking the user across your site harvesting personal data from cookies.
GDPR cookie compliant website:
When the user visits your website, scripts in your source code are preventing all your cookies from being set before the user has given an explicit consent to them.
They do not track, collect or process anything before he or she clicks the button to allow it. If the user declines cookies, they are not set.
Do you need to block cookies before you get consent from your user?
How do I collect consent before setting cookies?
How can I get Cookie Control SDK?
Book a meeting with one of our compliance experts – or get in touch with your project manager at Cookie Information. We’re ready to help you collect consent prior to setting cookies and thus becoming GDPR compliant.
Cookie control? Get it here
Learn more about how Cookie Information can help your business comply with current international privacy laws.
