Is it safe to accept cookies from a website?

With data privacy and protection insistently evolving, cookies and cookie consent have become an integral part of safeguarding user data and protecting user privacy online.

With the introduction of comprehensive data protection laws and regulations, such as the EU’s General Data Protection Regulation (GDPR), consumers now have the autonomy to decide how their data is processed, and for what reasons, with the help of cookie consent preferences.

However, is cookie consent safe? And are consumers aware of how cookies actually work, or what they are used for in terms of data handling and protection?

How do cookies work?

To understand if cookie consent is safe in regards to online privacy and data protection, it is critical to understand the functions and purposes of cookies.

Cookies work by storing a website visitor’s consent preference, which is typically submitted via a cookie banner or cookie widget. To simplify, these serve as pop-ups on a website that prompt a visitor to either ‘Accept’ cookies, ‘Reject’ cookies, or submit a customized cookie consent preference. Depending on the level of cookie consent provided by the user, that website will then begin to collect and store personal data as the user navigates the site.

However, as outlined by several data privacy regulations such as the ePrivacy Directive, GDPR and CCPA,  a user reserves the right to rescind or withdraw their consent at any time. These legal requirements place great emphasis on organizations in providing users with a clear, straightforward means of withdrawing or amending consent preferences. Not only this, but users also reserve the right to request the deletion of their personal data as a whole.

Types of Cookies

There is no one-size-fits-all when it comes to cookies. Instead, certain cookies can be utilized by websites to collect specific information from consumers. Common cookie consent types include:

• First-party cookies (also known as strictly necessary cookies): used to maintain website functionality and improve user experience.
• Third-party cookies: set by external domains or platforms (such as an integrated CRM), and often used for advertizing and tracking purposes. These cookies may collect information such as browsing history, user behavior, user demographics, device information, and location data.
• Session cookies: a temporary cookie type that expires once the user closes their browser, used to maintain information on a user session (such as items in a shopping cart).
• Persistent cookies: a permanent cookie type that remains on a users device until manually deleted. These cookies are used by websites to remember information and preferences across subsequent visits.

Consumers may also be given the option to customize their cookie consent, providing a more granular consent preference for the storage and handling of their data. For example, a user might choose to consent only to functional cookies necessary for website operation, while opting out of analytics or marketing cookies

By providing different layers of cookie consent to users, websites are therefore ensuring the correct level of compliance with existing cookie laws and data protection regulations whilst also granting users autonomy over their personal data and data privacy.

How does cookie consent work?

When a user provides consent through a cookie banner or widget, this consent preference is then recorded within that website against a user’s data subject record. As they continue their online activity within the website, any relevant data will then be collected (based on their consented cookie preference).

Usually, until a user preference is submitted, the content of a website remains inaccessible for the visitor, which not only ensures the proper functionality of a website, but also that it is following the correct compliance regulations as required by data protection laws. For EU privacy laws, for example, the GDPR states that the collection of cookies from a user’s device cannot begin until the relevant level of cookie consent is obtained.

It is also important to recognize that cookie consent preferences are not absolute, and users must be able to withdraw or change their consent preference at any time, regardless of what prior consent has been provided.  This can be facilitated through preference links or preference pages within websites that allow users to amend their consent preferences, or withdraw consent all together.

In terms of managing cookies and user consent preferences, a consent and preference management platform (CMP) can be used by an organization to aid in compliance and data protection. These platforms serve to manage new and returning user consents as they are received by a website, which can then be validated against a user’s existing data record. CMPs can be highly intuitive in terms of implementing a cookie solution for an organization whilst ensuring total compliance with privacy laws and regulation.

Employing cookie consent within a website is not only critical in adhering to the requirements of data protection compliance and regulations, but also in providing users with full control over their personal data.

What laws require cookie consent?

There are several key laws and regulations across the world that require websites to collect cookie consent preferences from users before handling any personal data.

• GDPR: As noted earlier, perhaps the most significant regulation is the GDPR, which exists within the European Union. The GDPR not only emphasizes the need for explicit consent from consumers, but also the need for transparency from organizations in regards to data collection and cookies. Therefore, organizations are required to provide clear information about the purposes and uses of cookies as outlined within a cookie policy.
• ePrivacy Directive: In addition to the GDPR is the ePrivacy Directive (also known as the EU Cookie Law). This regulation outlines that users have to be informed of a website’s cookie purposes before they provide consent; which applies to both first-party cookies and third-party cookies. It is because of the ePrivacy Directive many websites have cookie banners or cookie widgets that a user is required to interact with in order to submit consent.
• CCPA: Lastly, the California Consumer Privacy Act (CCPA) outlines the right of the consumer to request deletion of collected personal data. The CCPA also stresses the importance of the user’s right to opt-out of the sale of their personal information, requiring organizations to provide a clear ‘Do Not Sell My Personal Information’ link on their website.

In order to achieve compliance with these data laws and regulations, organizations must provide their users with the tools to exercise the rights outlined above in relation to their personal data, and must also supply a clear cookie policy (or cookie notice) that is accessible to all website visitors.

Ways cookies can be helpful

From both the perspective of an organization and a consumer, cookie usage can be helpful in a variety of ways. Not only do they ensure the correct compliance and cookie laws are followed by organizations, but that consumers are aware of the ways in which their personal information and data is handled.

On the one hand, consumers can experience several benefits to the different types of cookies :

• Enhanced user experience: cookies remember user consents and preferences, including language choices, login details, and shopping history to provide a more streamlined browsing experience.
• Data transparency and user autonomy: by putting consumers in full control over their consent preferences, transparency can be ensured in terms of data handling and data privacy. As outlined by both the GDPR and the ePrivacy Directive, it is imperative for organizations to provide awareness to consumers surrounding cookies and their intended purpose.
• Content personalization: cookies aid in delivering personalized content and recommendations to consumers based on previous engagement or behaviors, such as suggesting relevant products, videos, or articles to match the interests of the user.

In regards to organizations implementing cookie consent on their websites, cookies can have several helpful benefits:

• Increased website functionality: cookies (particularly session cookies and persistent cookies) can be useful in improving the user experience of a website. For example, cookies are essential in streamlining the checkout process and for remembering the items in a visitor’s cart.
• Improved insights for user behaviors: cookies allow for the collection of data on user interaction and website navigation, which aids organizations in better understanding how consumers are using their website through analytics. Not only this, but marketing teams can also benefit from cookies and data collection to drive personalized marketing efforts.
• Compliance with privacy laws and regulations: as mentioned previously, it is essential for organizations to comply with global data privacy regulations, including GDPR, CCPA, LGPD, and the ePrivacy Directive. By implementing cookie consent features into their websites, organizations are ensuring such compliance is met and that regulations are abided by, whilst being in total transparency with their consumers.

Whilst cookies are perhaps overlooked when navigating online spaces, it is important for consumers to be aware of their purpose and of their rights in regards to their personal data. Thanks to data privacy laws and regulations, consumers can expect full transparency from organizations in regards to how their data is handled, which can aid in making more informed decisions when it comes to providing cookie consent.