The ePrivacy Directive - why cookie consent matters even more in 2020

Published by Daisy Bulbeck-Ladd | 27 May 2020


Since the start of the year you may have noticed the increase in cookie notifications when visiting sites on your computer or mobile. And not the small unnoticeable banners you see in the corner of the page but big, bold screens that force you to choose an answer before you can even get to the page content.

Websites are now having to ask for cookie consent - not just give a disclaimer. Almost all websites use cookies to store information in peoples’ web browsers and the new law requires all websites to now ask visitors permission to use these cookies.

The cookie consent popup that we have grown accustomed to; variations of a box with a simple text informing of the use of cookies, a small button, and a link to the privacy policy or cookie policy is no longer sufficient.

So what are your options?

1. Break the law - Risking your finances, website and reputation
2. Stop using cookies - Losing all analytics and data about your site users and much more
3. Ask users for permission - The obvious and best option, if you want to keep using cookies you will have to.If you own a website, you'll need to make sure it complies with the law and this is going to mean making some changes. 

In order to be compliant with the GDPR and the ePrivacy Directive, you must have a solution that scans and finds all cookies and presents your website visitors with a cookie banner to obtain their consent. And this all needs to happen before any processing takes place. 

Coming up with a cookie management solution for you site may sound complicated but compliance with the new cookie law comes down a few basic steps:

1. Inform your website users of all cookies and other tracking technologies used on the site
2. Give users the ability to opt in and opt out of the different types of cookies with access to their settings to make changes to them at any time. With this one you need to make sure the website functions and responds correctly to the users preferences and choices.
3. Ensure that the user consent is obtained prior to the setting of cookies in the users’ browsers.
4. Maintain a securely stored record of all given consents for documentation.
5. Ask for renewed consent every 12 months from the user’s first visit to the site.