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When do you need a cookie notice under the GDPR?

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Reading time minutes
By Patrick Schokker

Now that the new privacy laws have taken effect, you also need to look at your website's cookie settings. Because when exactly do you need a cookie notification? We provide the answer in this blog!

The Dutch Data Protection Authority (CBP) and the Personal Data Protection Authority categorize all cookies into 2 main categories: functional and non-functional cookies. If you want to comply with the cookie law, you need to consider the following rule:

- Functional cookies = no consent required

- Non-functional cookies = do require consent

Do you have non-functional cookies on your website? If so, you need a cookie notice in which people can give permission for the cookies to be collected. 

For your convenience, we provide a brief overview of functional cookies and non-functional cookies. 

Functional cookies (no consent required)

- Functional (necessary) cookies: These cookies make sure your website works properly. If you would not use these cookies, the website would not work as it should. Examples of these cookies are: basic navigation functions, enabling access to secure areas, or adding an item to a shopping cart at a web shop, which then remembers what you put in your shopping cart during your visits. 

- Preference cookies: These cookies allow a website to remember information, such as a visitor's behavior on the website or a design preference, such as preferred language or the region where a person lives.

Non-functional cookies (permission required though).

- Analytical cookies: These cookies give you insight into how visitors use your website. The program used to read this information is Google Analytics. 

- Social media cookies: These cookies are placed by the social media platforms if you use their features on your website, such as share and like buttons. But also when you share a video on your website via YouTube, for example, cookies are placed. 

- Advertising cookies: These cookies ensure that your visitors see the right ads on various (social) platforms. This allows you to show relevant ads for each individual user, think remarketing for example.

- Unclassified cookies (often third-party cookies): There are a number of cookies that are unclassified due to the transition from the old to the new system. Eventually, these cookies will be divided into the other three categories. If the cookies come from a third party, it is important to consider how those cookies will affect your website visitor's privacy. 

Exceptions that don't require a cookie notification

There are some exceptions that mean you don't need a cookie notification for the following cookies. 

- Analytical cookies: If you only measure visitor numbers with Google Analytics and you set it privacy-friendly, according to the Personal Data Authority guideline, no cookie notification is needed. 

Want to know how to set up Google Analytics privacy-friendly? Click here.

- Social media cookies: If you only use inactive "gray" social media buttons that only load cookies after activation, you do not need a cookie notification. 

- Advertising cookies: If you don't measure goals for your ads and set up your Google Analytics to be privacy-friendly, you won't need a cookie notification. However, you won't be so quick to choose this because you won't be able to measure the results of your campaigns.

Always inform about cookies

Even if you only use functional cookies, you do need to inform visitors about them. You can simply do this in your privacy statement. No banner or cookie wall is needed. 

Need help setting up your cookie notification next new privacy law? Get in touch with us!

Get in touch!

Sources:

ICT Law

Personal Data Authority

https://autoriteitpersoonsgegevens.nl/nl/onderwerp…$

https://autoriteitpersoonsgegevens.nl/nl/onderwerp…$

Consumer and Market Authority

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Patrick Schokker
Patrick Schokker

About this schurq

General Manager

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