GDPR Cookie Consent: 8 Requirements and Critical Compliance Tips

What Is GDPR? 

The General Data Protection Regulation (GDPR) is a data protection law that came into effect in the European Union (EU) on May 25, 2018. It aims to strengthen data protection for individuals within the EU and the European Economic Area (EEA). The regulation also addresses the transfer of personal data outside the EU and EEA areas. GDPR mandates that organizations handle personal data with privacy, ensuring transparency, security, and accountability.

GDPR’s impact is far-reaching, affecting companies worldwide that process the personal data of EU residents. Non-compliance can result in hefty fines, up to 4% of a company’s annual global revenue or €20 million, whichever is higher. The regulation has set new standards for data protection, influencing laws in other jurisdictions and pushing businesses to improve their data protection practices.

Learn more about the impact of AI in cyber security: AI Cyber Security: Securing AI Systems Against Cyber Threats.

What Is Cookie Consent? 

Cookie consent refers to the practice of obtaining user permission before deploying cookies on their devices. Cookies are small files used by websites to track user activity, store preferences, and provide personalized content. Under GDPR, users must be informed about the use of cookies and give explicit consent before any non-essential cookies are activated.

To comply with GDPR, the process of acquiring cookie consent must be clear and transparent. Users should have the option to opt-in or opt-out of different types of cookies, such as analytics or advertising cookies. This ensures that users are aware of how their data is being used and maintains their privacy.

Types of Cookies According to the GDPR 

Cookies under GDPR are classified based on their purpose and necessity:

• Essential cookies are necessary for the website to function properly and cannot be disabled by users. They include cookies that facilitate login sessions, shopping carts, or security features.
• Functional cookies enhance the usability of a website by remembering user preferences and settings. For instance, they can store language choices or display settings. Users can choose to enable or disable these cookies based on their preferences.
• Analytics cookies collect data on how users interact with a website, helping organizations understand user behavior and improve website performance. These cookies require user consent as they track user activity.
• Advertising cookies are used to deliver targeted advertisements to users based on their browsing habits. They track users across websites and require explicit consent due to their intrusive nature.

GDPR Requirements for Cookie Consent 

1. Consent Should Involve an Affirmative Act

Under GDPR, consent must be given through an affirmative action, such as clicking an accept button. Passive consent methods, like pre-ticked boxes or implicit acceptance through continued website use, are not compliant. Users must actively confirm their consent.

This affirmative action requirement makes it clear that consent should be a conscious decision. Users must have the opportunity to review their choices, ensuring they are aware of what they are agreeing to.

2. Consent Should Be Freely Given

Consent must be given freely, without coercion or undue influence. Users should not feel compelled to provide consent in exchange for accessing a website. For instance, a website cannot block access unless users agree to tracking cookies.

The notion of freely given consent ensures that users have control over their personal data without being pressured or misled into consenting. Under GDPR, websites must respect user choices and provide alternative ways to access services if necessary.

3. Consent Should Be Specific

GDPR requires that consent be specific, meaning that consent must be obtained separately for each purpose of data processing. Blanket consent for multiple purposes is not acceptable. Users must be informed about each purpose and provide consent individually.

This specificity ensures that users have a clear understanding of how their data will be used. It prevents organizations from using vague or broad permission statements.

4. Consent Should Be Informed

Informed consent means that users must have detailed information about the data being collected, the purposes of collection, and who will have access to it. This information should be presented clearly and concisely.

Transparency is key to informed consent. Users should not have to decipher complex legal terms to understand how their data will be used.

5. Consent Should Be Unambiguous and Use Plain Language

Unambiguous consent requires actions or statements that clearly indicate the user’s agreement. There should be no room for misinterpretation or doubt about whether consent was given. Ambiguity undermines the user’s control over their data.

In addition, consent banners must use simple and plain language that users can easily understand. Organizations must avoid technical jargon and complex legal language that might confuse users. Plain language helps ensure that users are fully aware of what they are consenting to.

6. Consent Banner Should Be Accessible

GDPR requires that consent banners be accessible to all users, including those with disabilities. This involves using web accessibility best practices, such as screen reader compatibility and keyboard navigation support.

Ensuring accessibility in consent banners ensures that all users, regardless of their abilities, have the same opportunity to understand and provide consent. This aligns with the GDPR’s broader principles of fairness and equality in data protection.

7. Consent Should Be Recorded

Organizations must keep records of the consent obtained from users. This includes details of when, how, and for what purposes consent was given. Maintaining accurate records is essential for demonstrating compliance with GDPR.

Recording consent provides a verifiable trail that can be audited to ensure compliance. It also helps resolve potential disputes about whether valid consent was obtained, thereby protecting both the organization and the user.

8. Consent Should Be Revocable

Users must be able to withdraw their consent at any time. The process for revoking consent should be as easy as giving it. Users should not encounter barriers or complications when attempting to withdraw consent.

The ability to revoke consent is a fundamental aspect of user control over personal data under GDPR. It ensures that users can change their minds and maintain control over their privacy.

Critical Tips for Ensuring GDPR Cookie Compliance 

Discover, Categorize, and Document Cookies

The first step to ensuring GDPR cookie compliance is to perform an audit of all cookies used on your website. This involves identifying each cookie, understanding its purpose, and categorizing it according to GDPR definitions, including essential cookies, functional cookies, analytics cookies, and advertising cookies.

Once cookies are identified, document details such as the cookie name, provider, purpose, expiration date, and any data it collects. This documentation is crucial for transparency and provides a clear basis for managing consent and complying with GDPR requirements. Regular audits should be conducted to keep this information up-to-date as websites and their functionalities evolve.

Integrate with Website Codebase or Tag Manager

To effectively manage cookies and ensure compliance, integrate your cookie management system with your website’s codebase or use a tag management system like Google Tag Manager. This integration enables you to control when and how cookies are deployed based on user consent.

By configuring your tag manager or website code, you can ensure that cookies are only activated after obtaining explicit consent. This step is essential to prevent non-essential cookies from being set before the user has agreed, thereby aligning with GDPR’s affirmative consent requirements.

Deploy Cookie Consent Banners

Clear and user-friendly cookie consent banners are a key part of GDPR compliance. These banners should provide concise information about the use of cookies and offer options to accept or reject non-essential cookies. Ensure that the banner includes links to a detailed cookie policy where users can learn more about each cookie’s purpose and how their data will be used.

Consent banners should be easily accessible and should not obscure important website content. Providing a “Preferences” option allows users to customize their cookie settings, enhancing transparency and user control over their data.

Secure Consent Recording

Maintaining accurate records of user consent is vital for demonstrating GDPR compliance. Implement systems that securely record details of each user’s consent, including the date, time, and scope of the consent given. This can be achieved through server logs or dedicated consent management platforms.

Stored consent records should be protected to prevent unauthorized access and ensure data integrity. These records can be invaluable in case of audits or disputes, providing clear evidence that proper consent was obtained.

Utilize Cookie Consent Management Plugins

Many websites streamline compliance efforts using cookie consent management plugins. These tools are used to handle various aspects of cookie compliance, including banner creation, consent recording, and user preference management. Popular plugins include Cookiebot, OneTrust, and TrustArc.

These plugins often come with features like automatic cookie scanning, customizable consent banners, and reporting capabilities. By leveraging these tools, organizations can efficiently manage their cookie compliance processes and ensure they meet GDPR requirements.

GDPR Compliance with Exabeam

Exabeam helps organizations meet both the technological and operational requirements of GDPR including:

• External Threat Reduction: Exabeam works alongside existing security solutions, using machine learning and behavioral analytics to identify unusual activity that may be indicative of an adversary’s attempt to find and access data. Exabeam threat timelines combine events from anomalies and correlation rules to group events by user or device. 
• Internal Threat Reduction: Exabeam works alongside identity and access management solutions to prevent security incidents resulting from the accidental or malicious abuse of allocated permissions. By flagging activity that falls outside the norm for a given user, Exabeam helps to detect potential incidents that could lead to data theft. Ideal log sources mapped to use cases and the MITRE ATT&CK^Ⓡ framework show which tools in the security arsenal can combine to show the clearest picture of events.

Visualization and Dashboards: Exabeam offers clear compliance-based GDPR Dashboards for easy download, export, or emailing regularly in support of GDPR mandates and the needs of the data privacy officer.