Cookie Policy Compliance: GDPR, PECR & ePrivacy Explained

Understanding Cookie Regulations

Cookies and similar tracking technologies are regulated by multiple overlapping laws. Understanding these regulations is essential for compliance.

Key Regulations

GDPR (General Data Protection Regulation)

• Applies to processing personal data in the EU
• Requires lawful basis for processing
• Cookies often contain or create personal data
• Consent must be freely given, specific, informed, and unambiguous

PECR (Privacy and Electronic Communications Regulations)

• UK implementation of ePrivacy Directive
• Specifically addresses cookies and similar technologies
• Requires consent before setting non-essential cookies
• Works alongside GDPR

ePrivacy Directive (EU)

• "Cookie Law" - specifically addresses electronic communications
• Being updated to ePrivacy Regulation
• Requires consent for tracking technologies

Types of Cookies and Consent Requirements

Strictly Necessary Cookies

Examples:

• Session cookies for shopping carts
• Authentication cookies
• Security cookies
• Load balancing cookies

Consent Required: No - these are exempt from consent requirements as they are essential for the service.

Functional Cookies

Examples:

• Language preferences
• Region settings
• Accessibility preferences

Consent Required: Generally yes, though some may be strictly necessary depending on context.

Analytics Cookies

Examples:

• Google Analytics
• Hotjar
• Mixpanel

Consent Required: Yes - these track user behavior and create personal data.

Marketing/Advertising Cookies

Examples:

• Facebook Pixel
• Google Ads remarketing
• Affiliate tracking

Consent Required: Yes - these are used for targeted advertising and profiling.

Third-Party Cookies

Examples:

• Social media widgets
• Embedded videos
• External fonts

Consent Required: Yes - any cookie set by a domain other than your own requires consent.

Implementing Compliant Cookie Consent

Cookie Banner Requirements

Before Consent:

• No non-essential cookies should be set
• Clear explanation of what cookies you use
• Purpose of each cookie category
• Easy way to accept or reject

Consent Mechanism:

• Must be an affirmative action (not pre-ticked boxes)
• Reject option must be as easy as accept
• Granular choices by cookie category
• No "cookie walls" blocking access

After Consent:

• Record of consent given
• Easy way to withdraw consent
• Respect user preferences

Common Consent Models

1. Accept/Reject Model

• Simple two-button approach
• Accept all or reject all
• May include "manage preferences" option

2. Granular Consent Model

• Toggles for each cookie category
• Users choose which types to allow
• More control but more complex

3. Layered Approach

• Brief first layer with key info
• Detailed second layer with full options
• Balances simplicity with information

What Your Cookie Policy Must Include

1. What Cookies You Use

• Complete list of cookies
• First-party and third-party
• Cookie name and ID

2. Purpose of Each Cookie

• Why each cookie is used
• What data it collects
• Who has access

3. Cookie Duration

• Session cookies vs. persistent
• Expiration periods
• When they're deleted

4. Third-Party Information

• Who the third parties are
• Links to their privacy policies
• Data sharing arrangements

5. How to Control Cookies

• Browser settings
• Your consent mechanism
• Consequences of blocking cookies

6. Updates and Changes

• How policy will be updated
• How users will be notified
• Date of last update

Cookie Banner Best Practices

Design

• Clearly visible but not overwhelming
• Matches website branding
• Accessible (WCAG compliant)
• Mobile-friendly

Language

• Plain, simple language
• Avoid legal jargon
• Explain cookies in practical terms

Functionality

• Works before cookies load
• Remembers preferences
• Provides granular control
• Easy to revisit choices

Timing

• Appears before non-essential cookies set
• Doesn't appear on every page
• Preference remembered for reasonable period

Common Compliance Mistakes

1. Pre-Ticked Consent Boxes

The CJEU ruled in the Planet49 case that pre-ticked boxes don't constitute valid consent.

2. Cookie Walls

Denying access to users who don't consent may not constitute "freely given" consent.

3. Bundled Consent

Consent should be granular—one consent for all cookies isn't compliant.

4. Hidden Reject Button

The reject option must be as prominent as accept.

5. Setting Cookies Before Consent

Non-essential cookies must wait for affirmative consent.

6. No Way to Withdraw Consent

Users must be able to change their preferences easily.

Cookie Audit Process

Step 1: Identify All Cookies

• Use browser developer tools
• Cookie scanning tools
• Review third-party integrations

Step 2: Categorize Cookies

• Essential vs. non-essential
• First-party vs. third-party
• Purpose categories

Step 3: Document Details

• Cookie name and ID
• Provider
• Purpose
• Duration
• Data collected

Step 4: Assess Legal Basis

• Which require consent
• Which are strictly necessary
• Third-party compliance

Step 5: Implement Controls

• Update consent mechanism
• Block cookies until consent
• Update cookie policy

Step 6: Regular Reviews

• Quarterly cookie audits
• Check for new cookies
• Update documentation

Conclusion

Cookie compliance is an ongoing process, not a one-time task. Regulations continue to evolve, and your cookie practices may change as your website grows. Regular audits and updates are essential.

Use SafeDocGen's free Cookie Policy Generator to create a comprehensive, regulation-compliant cookie policy for your website.