Introduction to the Cookie Policy:
Cookies are small text files stored on a user’s device to store and track various information. The GDPR sets out specific requirements for the use of cookies, particularly with regard to user consent and transparency. Here are the requirements explained in detail:
Consent of users (Article 6 paragraph 1 letter a GDPR):
- Consent: Websites must obtain consent from users before storing or reading cookies on their devices, unless the cookies are strictly necessary to provide a service specifically requested by the user. This means that cookies necessary for the operation of the website can be used without consent, while all other cookies require prior consent.
- Voluntary and informed consent: Consent must be voluntary, specific, informed and unambiguous. Pre-checked boxes or tacit consent are not allowed. Users must actively take an action to give their consent, for example by checking a box.
Transparency and information (Article 13 GDPR):
- Clarity and comprehensibility: Websites must provide users with clear and comprehensive information about the use of cookies. This includes:
- The type of cookies used (e.g. technical, analytical, marketing cookies)
- The purposes of cookie use (e.g. improving the user experience, analyzing user behavior, personalized advertising)
- The storage period of the cookies (how long the cookies are stored on the user’s device)
- Information on how users can withdraw their consent (e.g. through browser settings or special opt-out mechanisms)
Cookie banners and explanations:
- Cookie banner: A cookie banner should be displayed on every website to obtain users’ consent to the use of cookies. The banner should:
- Be simple and understandable
- Offer the option to reject all cookies or to accept only certain categories of cookies
- Include a link to the detailed cookie policy
- Cookie Policy: The cookie policy should contain detailed information about the use of cookies on the website. This policy should be written in a clear and understandable manner and should provide users with all the information necessary to make an informed decision regarding the use of cookies.
Relevant articles of the GDPR:
- Article 6: Lawfulness of processing
- Article 7: Conditions for consent
- Article 13: Obligation to provide information when collecting personal data from the data subject
Examples of compliance with the cookie policy:
- Technical cookies: Cookies that are necessary to operate the website and provide basic functions, such as session cookies, can be used without consent.
- Analytical cookies: Cookies used to analyze and understand user behavior on the website require prior consent. Users must be informed about what data is collected and for what purpose.
- Marketing cookies: Cookies used to display personalized advertising or to track user behavior across different websites also require prior consent.
Summary:
The GDPR requires that websites obtain clear and informed consent from users for the use of cookies. Websites must provide transparent information about the types and purposes of cookies, as well as ways to withdraw consent. A cookie banner that obtains consent from users and a detailed cookie policy are essential to meet the requirements of the GDPR. Companies must ensure that they only use necessary cookies without consent and obtain active and informed consent from users for all other cookies. This helps to increase user trust and minimize the risks of data breaches.
