What is prior consent? Guide to blocking cookies before you get consent!

What is prior consent? Guide to blocking cookies before you get consent!

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The ePrivacy Directive and GDPR require getting an explicit consent before your website uses cookies. Here we will show you how to block cookies prior to obtaining consent.

What is prior consent?

Do I need to block cookies prior to consent?

Prior consent with Cookie Information’s SDK solution

How do I install SDK to block cookies prior to consent?

In the wake of the GDPR, many websites have installed cookie pop-up banners on their site informing visitors of cookies. However, most of these banners do not comply with the ePrivacy and GDPR, and thus risk fines!

Why? Because cookies on the websites start tracking visitors before a 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 and how to get it in 5 minutes.

What is prior consent?

The GDPR and the European ePrivacy Directive require getting an explicit consent before using cookies 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 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 I need to block cookies prior to consent?

Yes, if you use cookies on your site that track, collect and process your users’ personal data, then you need to ask for a consent. It is not enough only to state in your cookie banner that you use cookies and expect users to agree.

How will I know if my cookies collect and process personal information?

Link: Have us perform a free ePrivacy and GDPR check of your website today.

Prior consent with Cookie Information’s SDK solution

SDK is a tool developed by Cookie Information to block cookies until you get user consent. It works like this: a script is set around every single cookie setting script in your source code. Our solution secures that cookie setting scripts from third-party tracking AdTech companies are first executed, when the user has clicked the ‘agree’ button in the cookie consent pop-up banner. Thus, cookies are held back prior to consent.

What is prior consent GDPR?

How do I install SDK to block cookies prior to consent?

The SDK (Software Development Kit) is an integrated part of your Consent Solution and can be easily be installed with Google Tag Manager, Tealium or in the source code itself.

Once you have set up an account with Cookie Information and use our Consent Solution to show your visitors a valid cookie pop-up banner, you can implement the SDK.

We have a step-by-step guide which help you implement the SDK, or you can have our consultants handle everything for you.

Book a meeting and become GDPR compliant on your website today!


Sources: REGULATION (EU) 2016/679 (GDPR)

Link: How to setup your SDK  

About Cookie Information

Cookie Information is a Privacy Tech Company specialized in developing software that helps you and your company ensure that your websites and mobile apps are GDPR & ePrivacy compliant. Cookie Information provides solutions globally, and we help more than 1.000 companies and handle more than 6 billion consents each year.
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