In the complex world of website management, ensuring compliance with various regulations—be it GDPR or the new Accessibility Act—can become a daunting task, especially when spread across numerous sites. What starts as a straightforward task can quickly turn complex when multiplied by the number of websites you must check.
Imagine this scenario: you need to verify the implementation of Google Consent Mode on your websites. For a single website, it’s a manageable task. For ten websites, it becomes more challenging. Now, picture extending this to 100 websites—a straightforward task transforms into a significant endeavor. But what if your company manages 500, 2000, or even more websites? The complexity increases exponentially.
This is precisely why we developed the Nixon Platform. Our mission is to maintain simplicity in its truest form, even at scale. Whether you oversee 10 websites or 2000, our platform offers a swift, comprehensive overview of where Google Consent Mode is implemented and whether it’s implemented correctly.
Our commitment is to excel in the basics. And we don’t stop at Google Consent Mode; our platform extends to numerous other compliance checks, ensuring that every aspect of your website management is simplified and perfected.
Does Your Cookie Banner Comply with the Tightened Regulations?
As digital privacy becomes increasingly paramount, the Dutch Data Protection Authority (AP) has announced that it will more strictly monitor the proper use of cookie banners in 2024. This shift underscores the need for businesses to update their websites accordingly to ensure compliance. The objective is to make sure that permission for tracking cookies and other tracking software is requested correctly.
Why Are Cookies Important?
Cookies play a vital role on your website, serving functions that range from improving user experience to collecting analytical data. However, cookies are not all the same. Under the ePrivacy Directive and the General Data Protection Regulation (GDPR), some cookies require explicit user consent. This consent must be „freely given, specific, informed, and unambiguous.“ Users need to know exactly which cookies are being used and for what reasons.
Different Types of Cookies
Cookies can be categorized into functional, analytical, and marketing/tracking cookies. Misleading texts or complex banners where refusing is harder than accepting are common issues. The AP has stated that it will monitor such practices more rigorously from 2024.
But what will happen if 3rd party cookies are blocked by the browser?
Don’t be mistaken, once cookies are blocked there are several other ways to achieve the same. Using Server-Side technologies, using scripts, using 3rd party functionality etc. What all these technologies have in common is required consent once a 3rd party processes data for which explicit consent is required. So, in practice when 3rd party Cookies are no longer allowed, other technologies will be used.
How to Ask for Permission Correctly
To help businesses comply, the AP has established 9 rules of thumb for creating clear and non-misleading cookie banners:
- Provide Clear Information: Clearly state the purpose of the cookies.
- Explain Usage: Ensure visitors understand what they are consenting to by explaining how the cookies will be used.
- No Pre-Checked Boxes: Consent must be actively given, so avoid pre-checked options.
- Use Clear Texts: Use straightforward language like “accept” or “decline,” avoiding directive phrases.
- One-Layer Choices: Ensure giving and declining consent is equally easy, with no extra clicks required.
- Visible Refusal Option: The option to refuse cookies must be clearly visible.
- Conspicuous Links: Make the choice to refuse as noticeable as the choice to accept.
- No Additional Confirmation for Refusal: Refusing cookies should not require more effort than accepting them.
- Clarity on Withdrawing Consent: Inform visitors how they can withdraw their consent.
The AP’s New Enforcement Measures
Aleid Wolfsen, chairman of the Dutch DPA, emphasized the importance of explicit consent: “With tracking software or tracking cookies, organizations can monitor your internet behavior. You can’t just do that because what you do on the internet is very personal. An organization is only allowed to keep track of that if you explicitly agree to it, and you should have the option to refuse this tracking software without it being detrimental to you.”
The AP’s website offers detailed guidelines on how organizations should set up cookie banners to request permission correctly.
Conclusion
Ensuring your cookie banner complies with the tightened regulations is crucial to avoid legal repercussions and maintain user trust. By adhering to the AP’s 9 rules of thumb and being transparent about your use of cookies, you can help protect your users‘ privacy and your organization’s integrity.
Intrigued?
Reach out to us. Schedule a virtual meeting or visit our office in Alkmaar to learn more about how we can streamline your compliance processes.