What are cookies?
Cookies are small text files placed by websites on the user's computer or phone. They are used to store information, such as user preferences and activities on the website. There are different types of cookies, each with its own purpose:
- Functional cookies: These cookies ensure that a website functions properly. For example, remembering passwords or products in a shopping cart.
- Analytical cookies: These cookies help website owners improve the performance of their website by collecting data such as the number of visitors and most visited pages. Sometimes these cookies also process personal data, depending on the settings.
- Tracking cookies: These cookies also track users outside the website on which they are placed and are used to build user profiles, for example for personalized advertisements. This requires explicit consent, as they often process personal data.
If cookies collect personal data (as with tracking cookies and possibly analytical cookies), the user of the cookies is bound by the General Data Protection Regulation (AVG). The website owner must then obtain the visitor's consent for the use of cookies.
Enforcement by the Personal Data Authority
The Personal Data Authority (AP) has announced that it will apply stricter controls on the proper use of cookie banners starting in 2024. Websites that place cookies must comply with the rules of the AVG and the Telecommunications Act. Users must receive clear and complete information and explicitly consent to the processing of personal data via cookies. Failure to comply with these rules can lead to fines. Just last summer, for example, the AP imposed a fine of €600,000 in connection with failing to ask for the required consent.
Google Consent Mode V2
At the same time, Google also introduced the new Consent Mode V2. This feature records website visitors' cookie preferences and prevents unauthorized use of data for marketing purposes. In order to continue using Google Ads, for example, it is necessary to implement Consent Mode V2.
Importance for of a good cookie banner
It is essential that your cookie banner meets the requirements of the AVG and the Telecommunications Act so that you can avoid fines and reputational damage and respect your users' privacy. A well-designed cookie policy shows that your company takes privacy seriously.
Practical tips for a good cookie notification
- Check your cookie banner, making sure, for example, that:
- Visitors should be able to reject cookies as easily as accept them. Don't hide choices or use a discreet link in the text;
- Checkmarks not automatically on;
- Your cookie banner provides information about the purpose for which cookies are used;
- You inform visitors about withdrawing or changing the consent given.
- Are you using Google Ads? Then implement Google Consent Mode V2, to keep your Google Ads campaigns effective.
- Make sure your privacy and cookie policies on your website are current and in line with laws and regulations.
In conclusion
The regulations surrounding cookies have far-reaching implications for your online marketing, and therefore potentially for your sales. So make sure your cookie banner and your privacy and cookie policy are in line with applicable laws and regulations.
