What is a GDPR cookie policy? Guide to cookie compliance and GDPR cookies
Cookies are powerful tools for improving user experience, tracking engagement, and enabling analytics – but they also come with strict legal responsibilities. Under the General Data Protection Regulation (GDPR), websites must not only control how cookies are used but also clearly explain this through a dedicated cookie policy. This article offers a comprehensive guide to what a GDPR-compliant cookie policy should include and how to achieve full cookie compliance on your website.
Introduction to GDPR and cookies
The GDPR is a data protection regulation that came into force in May 2018, aiming to protect the privacy of individuals in the European Union. One of the lesser-understood areas of the GDPR is how it applies to cookies and other tracking technologies.
The regulation is often applied alongside the ePrivacy Directive (also known as the ‘cookie law’), which sets out more specific requirements for storing information or gaining access to information stored in users’ devices.
Other global laws – like the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) – also influence cookie usage, making compliance a global privacy issue.
What are cookies?
Essential cookies:
These are strictly necessary for your website to function. They enable core functionalities such as secure log-in, session management, and shopping cart processes. Without them, a user would not be able to navigate or use key features of your site.
Preference cookies:
These cookies allow a website to remember choices you’ve made in the past, like your selected language, region, or layout settings. They enhance user experience by tailoring the site to your preferences.
Statistics/analytics cookies:
These help website owners understand how visitors interact with their websites. Data collected is often aggregated and anonymous, but under GDPR, consent is still needed if they can identify or track users.
Marketing/advertising cookies: These track visitors across websites to display personalized ads. They create user profiles and are often set by third-party advertisers or platforms.
First-party cookies:
These are set by the website the user is visiting directly. They’re often used for authentication, session maintenance, and user preferences.
Third-party cookies:
These are set by domains other than the one the user is visiting. Commonly used in advertising, retargeting, and social media integrations, they raise more compliance concerns.
Non-essential cookies:
Any cookie that isn’t crucial to the website’s core functionality – such as analytics or advertising cookies – is considered non-essential and requires user consent.
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