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What are Cookies and GDPR?

Cookies are small text files stored on your device when you visit a website. They help websites remember your preferences, track your activity, and improve your experience. However, they can also collect personal data, which is why regulations like GDPR exist.

The General Data Protection Regulation (GDPR) is a law in the European Union designed to protect people's privacy online. It ensures that websites must:

  • Get your consent before using cookies that track personal data.
  • Explain what data is collected and why.
  • Allow you to control or refuse cookies and services easily.

Understanding cookies and GDPR is essential for creating a safe and transparent Website for users.

Before delving into what the GDPR and ePrivacy Directive have to say about cookies, it’s crucial to understand the various types of cookies:

Types of Cookies​

  • Session Cookies: Temporary cookies that vanish when you close your browser.
  • Persistent Cookies: Cookies that remain on your device for a predetermined duration or until manually removed.
  • First-Party Cookies: Set directly by the website you’re visiting.
  • Third-Party Cookies: Placed by external services or websites when you access a page.
  • Strictly Necessary Cookies: Essential for the basic functioning of a website.
  • Functional Cookies (Preferences): Remember choices you make to enhance your browsing experience.
  • Statistics Cookies (Analytics): Collect data to help analyze website performance.
  • Marketing Cookies (Advertising): Track your browsing habits to tailor ads specifically for you.

Cookies and the GDPR​

The General Data Protection Regulation (GDPR) is one of the most extensive data protection laws ever enacted.

This reference highlights that online identifiers provided by devices, apps, and protocols such as IP addresses, cookie IDs, or RFID tags—can be linked to individuals.

When these identifiers are combined with other data collected by servers, they can be used to compile profiles that might reveal personal identities.

In essence, if cookies are utilized to identify users, they are categorized as personal data under the GDPR. This means that organizations must obtain either explicit consent or demonstrate a legitimate interest before processing such data.

Cookies and the ePrivacy Directive​

Established in 2002 and updated in 2009, the ePrivacy Directive is often dubbed the “cookie law” because it led to the widespread use of cookie consent pop-ups. This directive complements the GDPR by focusing on the privacy of electronic communications and broader online tracking practices. In some instances, it even takes precedence over GDPR provisions.

To comply with both the GDPR and the ePrivacy Directive, websites should:

  • Obtain Consent: Secure explicit user permission before deploying any cookies beyond those strictly necessary for website functionality.
  • Provide Clear Information: Explain in simple, straightforward language what data each cookie collects and its intended use before obtaining consent.
  • Ensure Access: Allow users to navigate your site even if they choose not to consent to certain cookies.
  • Facilitate Withdrawal: Make it just as easy for users to opt-out their consent as it was to grant (opt-in) it.

Ongoing Policy Management​

Given the continuous evolution of both cookie technology and regulatory standards, maintaining an up-to-date cookie policy is an ongoing process. By clearly communicating the types of cookies used on your site and obtaining necessary consents, you can foster trust with your users and ensure compliance with GDPR.

FAQ: Busting Myths Around Cookies and GDPR​

Q1: Do cookies automatically track all my online activities?
A: Not at all. Cookies come in different types some are essential for website functionality, while others track behavior for analytics or advertising. Only tracking cookies require user consent under GDPR.

Q2: Are cookies inherently dangerous to my privacy?
A: Cookies by themselves aren’t harmful. They’re simply data storage tools. The risk lies in how they’re used. When used responsibly with proper consent and transparency they help enhance your browsing experience without compromising privacy.

Q3: Can I block all cookies without any impact?
A: Blocking every cookie might break website functionality. Essential cookies are crucial for core operations, so it’s better to manage non-essential cookies rather than completely disabling them.

Q4: Does GDPR ban all forms of tracking through cookies?
A: GDPR doesn’t outlaw tracking cookies. It requires that users are informed and give explicit consent before non-essential cookies are used. Companies must also offer an easy way to opt-out consent.

more questions? Contact us so we can update this Article

Make GDPR Compliance easy with our tools​

We provide powerful tools to simplify cookie/Policy management and GDPR compliance:

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