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Cookie Banner: What is it & why you need one?

Download Now: Free Consent Banner Templates

Published July 15, 2023 / Updated March 1, 2024

Contributors

Anas Baig

Product Marketing Manager at Securiti

Maria Khan

Data Privacy Legal Manager at Securiti

FIP, CIPT, CIPM, CIPP/E

In today’s privacy-aware world, an individual’s consent has become an integral part of any organization dealing with customer data. It refers to the authorization of the individual to allow the processing of his or her personal data. Most companies leverage consent as a lawful basis of data processing for marketing purposes including direct marketing and marketing via cookies.

With the growing concern of data privacy, most global privacy laws have tended to emphasize the need for freely given consent from customers for the use of their personal data for marketing purposes. Consider the European Union’s data protection framework that requires organizations to obtain users’ consent prior to the use of cookies or similar tracking technologies. Such consent needs to be freely given, specific, informed, and unambiguous indication of the user’s wishes.

To fulfill this legal obligation, organizations must display cookie consent banners to obtain users’ consent. This article sheds light on what a cookie consent banner is, the types of a cookie consent banner, and how organizations can deploy a cookie consent banner on their websites as per the applicable law.

A cookie consent banner is a cookie notification that is displayed on websites and other apps in the form of a banner or pop-up upon the user’s visit that explicitly asks for users' consent before deploying cookies. It does not just inform the user about cookies on a website but asks for their consent first. The cookie consent banner must be sufficiently noticeable and in an easily accessible form. The text of the banner must be in clear, plain and unambiguous language for the average user to understand.

Examples and Layouts of Cookie Consent Banner

Here is an example of what a cookie consent banner looks like:

There are several types of cookie consent banners that can be integrated into your website and here are some examples of different types of cookie banners:

Top Header: This type adds a notification to the header of the site ensuring that the user is aware of its significance and interacts with it.
Inline Header: This style places a fixed notification within the header of every page of your site. This lets users know that you use cookies and that consent is assumed by continuing to use the site. This type of consent may not be acceptable under certain privacy regulations.
Footer: This is similar to the inline header with the difference of the notification being on the bottom of the page rather than the top. This is again opt-out consent and may be unacceptable under most regulations.
Modal: This cookie banner is a fixed pop-up box that remains on top of the page until the user interacts with it.

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A cookie banner should be customized to fit your brand. Here are some examples of different banner layouts that you can incorporate into your website.

Types of Cookie Consent Banners

There are two main types of cookie consent banners that can be integrated into an organization's website.

1. Implicit Cookie Consent Banner

An implicit cookie consent banner does not automatically obtain the user’s consent, rather it assumes that the user has consented to the use of cookies by merely visiting the website. An example of this would be a banner that states “continuing to use this website will be taken as consent to use cookies”. Such cookie consent banners are compliant with data privacy laws that do not require organizations to obtain user’s consent for the use of cookies such as the United State’s California Consumer Privacy Act (CCPA).

2. Explicit Cookie Consent Banner

An explicit cookie consent banner obtains explicit consent from the user prior to the activation of cookies. Such cookie consent banners are compliant with data privacy laws that require organizations to obtain prior consent of the user for the use of cookies such as the European Union’s General Data Protection Regulation and e-Privacy Directive.

An explicit cookie consent banner must include the following:

Information about the various types of cookies that an organization intends to drop including the strictly necessary cookies, along with their purposes.
Equally prominent accept and reject buttons, thereby allowing users to withdraw the use of cookies as easily as they can accept it.
Selection and deselection of individual cookie categories based on their purposes.

The following table explains the requirement for a cookie consent banner in different jurisdictions:

Country/Jurisdiction	Cookie Banner Type	Key Requirements
European Union	Explicit	Equal prominences to “accept” and “reject” options Information about purposes of cookies Selection and deselection of individual cookie categories Clear and comprehensive information Consent separate from terms and conditions
United States (CCPA)	Implicit	Information about cookies and their purposes Right to opt-out and “Do Not Sell My Personal Information” button
United Kingdom	Explicit	Equal prominences to “accept” and “reject” options Information about purposes of cookies Selection and deselection of individual cookie categories Clear and comprehensive information Consent separate from terms and conditions
France	Explicit	Purposes of cookies must be highlighted in a short title Details of the purposes under a drop-down button or a hypertext link “Accept all” and “Reject all” buttons on the same information layer “Accept all” and “Reject all” buttons to be of the same size, shape, and color
Spain	Explicit	First information layer to consist of essential information including identity of website publisher and the purposes of cookies Second information layer to consist of detailed information about types of cookies and their purposes Cookie policy should be easily and permanently accessible to users Both withdraw and accept options
Ireland	Explicit	Equal prominences to “accept” and “reject” buttons Link to the privacy policy and cookie policy Individual cookie selection by purposes

Country/Jurisdiction European Union	Cookie Banner Type Explicit	Key Requirements Equal prominences to “accept” and “reject” options Information about purposes of cookies Selection and deselection of individual cookie categories Clear and comprehensive information Consent separate from terms and conditions
Country/Jurisdiction United States (CCPA)	Cookie Banner Type Implicit	Key Requirements Information about cookies and their purposes Right to opt-out and “Do Not Sell My Personal Information” button
Country/Jurisdiction United Kingdom	Cookie Banner Type Explicit	Key Requirements Equal prominences to “accept” and “reject” options Information about purposes of cookies Selection and deselection of individual cookie categories Clear and comprehensive information Consent separate from terms and conditions
Country/Jurisdiction France	Cookie Banner Type Explicit	Key Requirements Purposes of cookies must be highlighted in a short title Details of the purposes under a drop-down button or a hypertext link “Accept all” and “Reject all” buttons on the same information layer “Accept all” and “Reject all” buttons to be of the same size, shape, and color
Country/Jurisdiction Spain	Cookie Banner Type Explicit	Key Requirements First information layer to consist of essential information including identity of website publisher and the purposes of cookies Second information layer to consist of detailed information about types of cookies and their purposes Cookie policy should be easily and permanently accessible to users Both withdraw and accept options
Country/Jurisdiction Ireland	Cookie Banner Type Explicit	Key Requirements Equal prominences to “accept” and “reject” options Information about purposes of cookies Selection and deselection of individual cookie categories Clear and comprehensive information Consent separate from terms and conditions

A cookie banner is merely a script that you can embed on to your website and it shows up as a banner when a user visits your website. Securiti is offering organizations a free cookie banner script that they can integrate into their website in mere seconds. This cookie banner has benefits such as:

Global Web Footprint: Highly optimized front-end for low-latency page performance for global traffic.
Configurable Cookie Banner: Customize and style the look & feel to align with your brand.
Global Regulation Support: Reverse IP detection to present the appropriate compliance type for global compliance.
Maximize Optin Rate: Capture granular consent by processing purpose.

Securiti’s PrivacyOps platform enables organizations to build cookie consent banners by:

Providing relevant information to users about the use of cookies. Organizations can do so by giving layered information - banners with first and second information layers;
Making the accept and reject buttons equally prominent and informing data subjects of their rights to opt-in or opt-out of cookies;
Allowing data subjects to select and deselect individual cookies based on cookie categories or purposes;
Dropping non-essential cookies only after activation by the data subject; and
Positioning the cookie consent banner not to cover or block any critical information on the webpage.

Securiti has created a free service that will enable organizations to simplify their cookie consent process and take a step in the right direction towards complying with privacy regulations all over the world.

Key Takeaways:

Increasing Importance of Consent: In the privacy-aware world, obtaining an individual's consent has become a crucial component of organizations' operations, especially when processing personal data for marketing purposes. This includes direct marketing and the use of cookies.
Global Privacy Laws and Consent: Various global privacy regulations emphasize the necessity for organizations to obtain freely given, specific, informed, and unambiguous consent from individuals before processing their personal data or deploying cookies
. Cookie Consent Banners: A vital tool for complying with these regulations is the cookie consent banner, a pop-up or notification on websites that seeks users' permission before any cookies are used. It must be noticeable, accessible, and use clear language.
Types of Cookie Consent Banners:
-Cookie consent banners can be categorized mainly into implicit and explicit types.
-Implicit consent banners assume consent through website usage, suitable for regions like the U.S. under the CCPA.
-Explicit consent banners, required by the GDPR and similar laws, demand direct user action to consent or reject cookie use.
Requirements for Cookie Consent Banners: Depending on the jurisdiction, the requirements for cookie consent banners vary, including the need for clear information on cookie purposes, explicit accept and reject options, and the ability for users to manage their cookie preferences.
Creating a Cookie Consent Banner: Organizations can create their own cookie consent banners by embedding a specific script on their website. This banner should be configurable to match brand aesthetics and comply with global regulations.
Securiti’s Free Cookie Consent Banner Script: Securiti offers a free, customizable script that organizations can integrate into their websites to ensure compliance with global privacy regulations. This script supports granular consent capture and is optimized for global web traffic.
Compliance with Jurisdiction-Specific Laws: The cookie consent process must align with the specific requirements of various jurisdictions, such as the EU, the U.S. (CCPA), the UK, France, Spain, and Ireland, each with its own rules regarding consent and cookie management.

A cookie banner, also known as a cookie consent banner, is a pop-up or notification that appears on a website when a user visits it for the first time. It informs users about the use of cookies on the site and typically requests their consent for cookie usage.

Cookie banners are often required by privacy regulations, such as the GDPR and LGPD, when a website or online service collects or processes personal data through cookies. They serve as a means to obtain user consent and provide transparency about data collection practices.

A cookie banner should provide clear and concise information about the types of cookies used, their purposes, and a mechanism for users to provide or withhold consent. The language should be easy to understand, and users should be able to access detailed cookie policies for more information.

The effectiveness of a cookie banner depends on various factors, including compliance with legal requirements and user-friendliness. The "best" cookie banner for a specific website may vary, but it should be designed to meet legal obligations and provide a positive user experience.

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