- Marketing, Technology
- 13 min.
Do you have a website? Check if you are breaking the law and avoid punishment.
Author:
Under the latest General Data Protection Regulation (EU GDPR), every website owner is required to obtain consent from users of their site before setting any cookies.
Cookies are considered personal data, which means that every website used by any EU user must adapt its current cookie banner to the current requirements.
What does all this mean? You will find the answer in the text below, developed by programming experts from Evolabs.
My website does not have a cookie banner or it does not meet the GDPR requirements - what happens to me?
In the European Union non-compliance with GDPR may result in high fines arising from data protection.
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In accordance with GDPR, Obtaining consent from the user is the only legal basis for the processing of personal data in the European Union. This also applies to the storage and collection of data from cookies (on your website). There is a risk of violating the rules of the regulation financial penalties — up to EUR 20 million or 4% of turnover, whichever is higher.
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In 2022 Google, Facebook i Amazon they received fines of €150 million, €60 million and €35 million respectively for placing advertising cookies on users’ devices without obtaining prior consent and for failing to make rejecting cookies as easy as accepting them.
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However, fines in the total amount of EUR 3.05 million for group companies Carrefour.
Is your cookie banner breaking the law? Very likely
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W Evostudio Clickup pomaga nam w organizacji zadań dla klientów, dzięki niemu śledzimy przepływ pracy oraz skutecznie zlecamy zadania pomiędzy działami.
Cookie banners should inform you about the website’s use of cookies and the purposes for which they are used. Cookie banner text should be written in understandable, jargon-free language.
/wp:paragraph wp:spacer {“height”:”30px”} /wp:walk wp:paragraphThe cookie banner should contain detailed information about:
/wp:paragraph wp:spacer {“height”:”30px”}- different categories of cookies,
- the purpose of each cookie,
- during its storage on the user's device
- whether the website shares the collected data with third parties.
Does your banner look like the ones below? This means you absolutely need to change it!
This is what the old cookie banner looks like
The new cookie consent banner is essential to not only avoid fines but also keep site users safe.
/wp:paragraph wp:spacer {“height”:”30px”} /wp:walk wp:paragraphIt is worth emphasizing, however, that the banner itself is not sufficient.
What does this mean?
If your website already has a cookie banner implemented, check whether it meets all the necessary requirements, including:
- The website contains a cookie banner or other cookie customization feature;
- A cookie banner (or other solution) contains visible buttons that allow you to accept, reject or customize cookies.
- The website has information about the purpose of cookies;
- A cookie banner (or other solution) makes this possible simple withdrawal/opt-in at any time;
- The website informs that it shares data with third parties (if it has such cookies);
- Cookie banner (or other solution) requires your consent before non-essential cookies are placed on your device (excluding strictly necessary cookies which do not store personal data);
- The cookie banner (or other solution) contains a link to the cookie policy (or privacy policy);
- A cookie banner (or other solution) informs users about all cookies on the website and details about them in clear and plain language;
- Consenting to additional (unnecessary) files affects the list of cookies;
- Withdrawing/rejecting consent to unnecessary files affects the list of cookies;
- Cookies consent is renewed at least once a year.
I am a website owner - do I really need a cookie banner?
As owner a website that operates in any EU country or has guests from the EU, you need a cookie banner to comply with GDPR and the ePrivacy Directive.
Data privacy laws often have extraterritorial scope, which means that may include companies beyond their geographic boundaries. Therefore, if your website is visited by users from the EU, UK, etc., you may be subject to relevant privacy regulations, so best practice is to implement a compliant cookie banner on your website (this will avoid possible problems and instill greater trust in current and new website users).
Consequences of not applying the guidelines - not only legal
Your Google Ads campaigns may be stopped and your account suspended.
In May 2022, Google announced the inability to create Google Ads campaigns for websites that do not have properly configured consent to the processing of cookie data.
If you do not comply with this policy, Google may restrict or suspend the use of its advertising tool, or even suspend/terminate the contract and block/disable your entire advertising account (and this means the loss of huge amounts of data).
Read Google’s official guidelines: https://www.google.com/about/company/user-consent-policy/
Cookie and consent mode banner - summary
From 2022, every website owner must obtain the legally justified consent of end users to:
- using cookies or other local storage if required by law;
- collecting, sharing and using personal data to personalize advertising.
When applying for consent you must:
- maintain records of consent given by end users;
- provide end-users with clear instructions on how to withdraw consent.
Sounds complicated? It doesn't have to be this way.
They appeared on the market tools, which on specific terms for free will allow you to collect, process and data storage in accordance with applicable law and Google’s terms and conditions.
Enough one-time installation on your website. It is best if this is done by an experienced programmer who will not only install the banner, but also test whether everything works as it should.
If you don’t have a trusted developer, you can contact us. We have already helped many companies and we will be happy to help you too!
Contact us and we will present you with a free offer to install the tool on your website.
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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