// Data Protection

Cookie Consent

Cookie consent is the requirement to obtain a website visitor's informed, freely given permission before setting non-essential cookies or similar tracking technologies. Under EU law (ePrivacy Directive + GDPR), consent must be active opt-in — pre-ticked boxes and implied consent are invalid.

cookiesconsentePrivacytrackingwebsitebanner

Why It Matters

Cookie consent banners are the most visible part of data protection to everyday users — and one of the most frequently violated requirements. EU regulators have issued hundreds of millions in fines for non-compliant cookie practices. The French CNIL fined Google €150 million and Facebook €60 million for making it harder to reject cookies than to accept them. Getting cookies wrong is one of the easiest ways to attract regulatory attention.

Which Cookies Need Consent?

Cookie Type Consent Required? Examples
Strictly necessary No Session cookies, authentication, shopping cart, security
Functional Yes Language preferences, user settings, chat widgets
Analytics Yes Google Analytics, Hotjar, Matomo (unless server-side and anonymized)
Marketing/Advertising Yes Facebook Pixel, Google Ads, retargeting, affiliate tracking
Social media Yes Share buttons that load third-party scripts, embedded content

Legal Requirements

EU (ePrivacy Directive + GDPR)

  • Active opt-in required — consent must be given through a clear affirmative action
  • Pre-ticked boxes are invalid — confirmed by CJEU Planet49 ruling (2019)
  • Cookie walls are problematic — blocking access unless cookies are accepted is generally not "freely given"
  • Equal prominence — "Accept" and "Reject" must be equally easy
  • Granular choice — users should be able to accept by category
  • Withdraw anytime — as easy to withdraw as to give

UK (PECR + UK GDPR)

  • Same opt-in requirement as EU
  • ICO has issued enforcement notices for non-compliant cookie practices

US

  • No federal cookie consent law
  • CCPA/CPRA — requires "Do Not Sell or Share" link, not cookie-specific consent
  • State laws vary — some emerging requirements

Common Violations

  • No reject option — only "Accept All" button, with reject hidden in settings
  • Pre-ticked boxes — analytics and marketing pre-selected
  • Dark patterns — accept button is large and green, reject is small and gray
  • Firing cookies before consent — scripts load before the user interacts with the banner
  • No cookie policy — banner exists but doesn't explain what cookies are used
  • Ignoring withdrawal — no way to change cookie preferences after initial choice
  • Cookie walls — "accept cookies or leave"

Building a Compliant Cookie Banner

  1. Block all non-essential cookies until consent is given (no scripts fire before opt-in)
  2. Show the banner on first visit — clear, readable, not covering essential content
  3. Offer equal choices — "Accept All" and "Reject All" buttons of equal prominence
  4. Provide granular options — let users choose by category (analytics, marketing, functional)
  5. Link to cookie policy — list all cookies, their purpose, and duration
  6. Record consent — store proof of when and what the user consented to
  7. Allow withdrawal — accessible link to change preferences (e.g., footer link)
  8. Respect the choice — actually block the cookies that weren't consented to

Key Regulation

  • ePrivacy Directive 2002/58/EC (Article 5(3)) — cookie consent requirement
  • GDPR — defines valid consent standards (applied to cookies via ePrivacy)
  • CJEU Planet49 (C-673/17) — pre-ticked boxes invalid
  • CNIL cookie guidelines — detailed French enforcement guidance (used as EU benchmark)
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