Cookie compliance is one of the most visible and frequently assessed aspects of privacy compliance today. Regulators often review websites to determine whether they meet cookie consent requirements, including how they deploy cookies, obtain consent, and manage third-party cookies.
Because organisations widely use cookies for analytics, advertising, and tracking, they can quickly violate cookie consent rules and unlawfully process data, making cookie banners a key indicator of overall compliance with privacy and ePrivacy laws. Regulatory reviews on cookie consent typically examine the cookie banner, evaluate the choices offered to users, and check whether websites set non-essential cookies only after obtaining valid consent. Read on to learn more.
Cookies are small text files that websites store on a user’s device. Websites use internet cookies to enable basic functions, analyse traffic, personalise content, and support advertising and tracking.
Common cookie compliance failures include:
Placing non-essential or third-party cookies before consent
Making cookie rejection harder than acceptance in the cookie banner
Using pre-checked boxes or implied consent
Continuing to track users after they refuse or withdraw consent
What non-compliant cookie practices do regulators look for?
Below are some of the most commonly reviewed cookie consent factors in regulatory assessments.
Non-essential cookies firing before consent
Regulators in regions requiring opt-in consent for non-essential cookies, such as the European Union and Brazil, examine whether websites place non-necessary cookies before a user has given their choice.
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