- Marketing, Web design
- 10 min.
The most common errors related to cookie banner implementation
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From 2022, every website owner must collect, collect and share data on their website in accordance with the new guidelines. To put it simply, this means placing a new cookie banner on your website.
We write more about this in the first article in this series: Do you have a website? Check if you are breaking the law and avoid punishment.
If you already know the outline of the problem and know how important it is to place the correct cookie banner on the website, it is worth learning the next level of initiation.
A cookie banner on its own is not sufficient
It is not enough to have “some” banner on your website.
First of all, you need to ensure its correct implementation in the system. In the event of an inspection (no matter whether it is done by the office or Google’s algorithm), it will count not only the appearance of the banner, but above all its operation. During the inspection, the entire process will be checked – including the possibility of easy withdrawal of consent by the user.
Therefore, before you decide that your cookie banner is OK, be sure to check the most common errors that appear in the process of its implementation.
New cookie banner – not understanding the basics
Companies often disregard the basic principles introduced by the General Data Protection Regulation or interpret them incorrectly.
The most important provisions of the GDPR that you must respect:
- Cookies are subject to the GDPR when they contain information that, by itself or in combination with other data, enables the identification of an individual.
- Consent is the simplest way to ensure that tracking and processing of data such as cookies is lawful. This consent must be voluntary and unequivocal.
- The 'legitimate interests' option only covers essential cookies. Cookies used to analyze user activity do not fall into the above-mentioned category because "these interests" do not outweigh the user's rights under the GDPR.
Consent mode vs. implied consent
Many websites still have banners containing only brief information about the use of cookies, e.g. “By visiting this site, you consent to the use of cookies.”
This is the only solution informs about the use of cookies and does not provide the opportunity to make an actual choice, which makes consent presumed.
This may be legal if the website only uses strictly necessary cookies and provides detailed information about them. Unfortunately, it is usually just a notification, and all kinds of files are set on our devices, including tracking scripts (e.g. Google or Facebook).
When using such a banner, the user has no meaningful choice because is forced to “accept” cookies in order to continue using the website – and this, according to the new regulation, is unacceptable.
Prior consent is not implemented
This is one of the biggest mistakes that cannot be detected immediately. It happens that the cookie banner looks good on the surface and provides the user with all the possibilities and functions indicated in the GDPR.
Unfortunately, when we take a closer look, it turns out that dozens of cookies were set before any choice was made (i.e. the banner is just a shell, and the website sets cookies before users actually consent to it).
GDPR clearly states that all cookies other than strictly necessary cookies should be blocked until the user consents.
Therefore, after setting the banner view, be sure to check if everything works as it should. Ask your developer for a test or contact a specialist who has experience in cookie banner implementation.
All cookies collected in one acceptance button
A common mistake is also banners in which, at first glance, we find the appropriate cookie notification with the option to accept or reject.
Unfortunately, when we delve deeper, we will notice that consent means accepting all cookies on our device, without the possibility of choosing them (e.g. only necessary ones, no advertising ones).
The GDPR states that consent must be “specific and detailed.” Cookie banner, GDPR compliant, it must offer people a choice – what cookies and tracking technologies they allow.
The correct approach is to combine cookies into groups according to their purpose, e.g.
- Functional – cookies that store user preferences;
- Marketing - cookies containing tracking scripts such as Google Ads and Facebook Ads;
- Analytical – cookies belonging to Google Analytics or Hotjar.
Offering an “accept recommended settings” or “accept all cookies” button is valid, but only if it exists together with the option to manage cookies in a more detailed way, e.g. to consent to individual cookies or groups of cookies.
No possibility to change or withdraw consent
This is one of the most common mistakes when implementing cookie banners. At first glance, the cookie banner works flawlessly – we visit the website and cookies are blocked until we consent to them. However, if after some time we want to change our consent, the website does not give us the ability to edit it, not to mention its complete withdrawal.
The GDPR states that the possibility of changing consent should be as easy as granting it (deleting cookies in browser settings is not, in accordance with this definition, an easy way).
No consent log (recording)
All consents must be recorded so that it can be proven when and how the user consented to cookies (this is particularly important during official inspections of our website). Any tracking of personal data must also be documented, especially when we are talking about embedded third-party services and countries to which data is transferred.
What to do to avoid mistakes?
If you don’t have the appropriate knowledge and skills, it’s worth it invest in ready-made solutions CookieBot type. This tool offers not only the correct banner, but also the ability to record all files needed for a possible inspection.
The CookieBot banner is configured once and complies with current guidelines.
If your banner meets all the guidelines and you have made sure to avoid the above mistakes, you don’t have to worry. However, if you have any doubts, be sure to contact an experienced programmer who knows the process of installing and configuring tools for the proper handling of cookie banners.
Do you need specialist support?
We have had many installations of the cookie banner tool. Contact us and we will check your banner and help you adapt it to the new guidelines.
The service is one-time and will allow you to avoid fines and help build the website’s credibility among its users.
This is a one-time service that will allow you to solve problems related to cookies on your website.
Want to know more?
Check out the website, where we described this problem in more detail or download free ebook, in which we break down the problem into its first parts.
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