Frequently Asked Questions and Answers from Termly’s Legal Experts
What is GDPR cookie consent?
GDPR cookie consent refers to the guidelines outlined by the General Data Protection Regulation (GDPR) and is the act of consenting to, rejecting, or specifying the use of cookies on a website.
Unlike other laws regarding cookie consent, the GDPR requires that websites give users options for which cookies are used, if any, as they access a site. To comply with the GDPR’s cookie consent requirements, your website or app needs a cookie consent function that users see before cookies can be applied.
The consent function can appear as a banner, popup, or form that users will see and can interact with when they enter your site.
Under the GDPR, obtaining cookie consent is only authorized when it meets the following guidelines:
- Prior consent: Consent must be provided before any cookies or trackers are placed on users’ browsers.
- Informed: Users must be transparently informed about what cookies or trackers a website wants to use and their purpose.
- Granular controls: Users must be able to accept or reject specific cookie categories (like marketing/advertising, analytics, etc.).
- Easily withdraw/change their minds: Users must be able to easily change their minds and withdraw consent at any time as easily as they give it.
- Proof of consent: Websites must maintain a record of consent or consent log for users in case of a privacy audit or investigation by a supervisory authority.
Related Questions
Base your cookie consent strategy on established examples.
Follow the GDPR cookie consent examples of popular websites and apps to get an idea of how your own cookie consent should look and function.
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