Unraveling GDPR Cookie Consent Myths: An E-commerce Director’s Guide

Introduction

It is important to understand that the General Data Protection Regulation (GDPR) and its implications for cookie consent can be a complex topic for e-commerce directors. This article aims to debunk common myths surrounding GDPR cookie consent and provide a clear understanding of the facts.

Myth 1: Non-EU Websites Do Not Require Cookie Consent

Contrary to popular belief, the GDPR applies to any organization that serves goods and services to people located within the EU and the EEA, regardless of the organization’s location. Therefore, any website worldwide that receives traffic from the EU and collects EU visitors’ personal data via cookie identifiers is subject to GDPR compliance. Read more

Myth 2: Cookie Banners Affect SEO

Cookie consent banners by themselves do not affect SEO. They need to be implemented correctly so that they are not intrusive and do not obstruct the content on the page. Read more

Myth 3: Silent Consent is Valid Consent

If users don’t interact with a cookie banner, it doesn’t mean they agree to cookies. The GDPR mandates that consent must be unambiguous and expressed via affirmative actions. This could mean clicking an “accept” or “agree” button, or selectively opting in for cookies. Consent implied from non-affirmative actions, such as scrolling through a web page or closing the cookie banner, is deemed invalid under the GDPR.

Myth 4: A Simple “This Site Uses Cookies” Notice is Sufficient

A cookie consent banner that only informs that the site uses cookies is safe to use when the website uses only necessary cookies. However, if the site uses cookies that collect user data or track them, the banner must provide more information and an opt-out option.

Myth 5: Cookie Notice Ruins User Experience

While cookie banners may seem like a slight inconvenience, they play a crucial role in informing users about their data privacy. A well-designed cookie banner can effectively inform users without disrupting the user experience.

Myth 6: Non-Essential Cookies Can Be Loaded If User Does Not Opt-Out

It’s a common misconception that non-essential cookies can be loaded if a user does not actively deny consent or opt-out. However, this approach is not lawful. Pre-loading such cookies before users register their consent infringes on privacy. Cookie Consent must be obtained before any non-essential cookies are loaded. Read more

Myth 7: Analytic Cookies Don’t Need Consent

If your website uses cookies for analytics, you need to provide clear information about such cookies and also provide an opt-out mechanism from any data collection for analytics. Analytic cookies are not strictly necessary for the website to function, hence require explicit consent.

Myth 8: Only Third-Party Cookies Require Consent

Not all third-party cookies require consent, and not all first-party cookies are exempted from the requirement of consent. Consent is required for any cookies that collect personal data and track user movement on the website.

Myth 9: Websites Can Use ‘Legitimate Interests’ to Set Cookies, So They Don’t Require Consent

Cookies, in all likelihood, cannot come under the scope of legitimate interest. This means they cannot be processed by citing legitimate interest as a lawful basis as per the GDPR. Consent is required for any cookies that are not strictly necessary for the function of the website/application.

Myth 10: Users Can Be Denied Access to a Website If They Decline All Cookies

Denying full services to a user because they refused to consent is not allowed per the law. Access to websites and their “full” services must not be made conditional on the consent of a user. This “take it or leave it” approach compels users to accept all cookies, including non-essential ones, and violates the “freely given” condition necessary for GDPR consent. Read more

Also check out: GDPR and CRM: Navigating Customer Data Management for E-commerce