Securiti leads GigaOm's DSPM Vendor Evaluation with top ratings across technical capabilities & business value.

View

Ultimate Guide to EU Cookie Laws

Download: Consent Report Q2 2024
Published January 31, 2022
Contributors

Anas Baig

Product Marketing Manager at Securiti

Maria Khan

Data Privacy Legal Manager at Securiti

FIP, CIPT, CIPM, CIPP/E

Listen to the content

This post is also available in: Brazilian Portuguese

While websites don’t necessarily have to use cookies, most use cookies, and the digital architecture supports websites using cookies.

Internet cookies are beneficial not only for the website owners but also for the website visitors as they remember users’ preferences without requiring them to log in each time. With the help of cookies, websites remember a user’s name, their previous interaction with the website, likes, items added to the cart, and much more.

Cookies were given birth primarily for advertising purposes. Website owners or operators can monitor a visitor’s browsing habits and understand what type of products the visitor is interested in which provides insights into their purchasing habits.

The gathered personal information is then used to target the visitors with personalized ads on the website and other websites that utilize the same third-party cookies. For example, suppose a visitor is browsing graphic cards on Amazon. In that case, cookies will observe the user behavior as someone interested in graphic cards and start displaying ads for graphic cards on other websites they visit, such as Facebook, eBay, etc.

Cookies are a lucrative business for website owners as they get a kickback of the gains in case you make a purchase. While privacy-conscious users despise cookies, many everyday internet users have accepted cookies as intelligence that helps personalize their internet experience.

Let’s face it, users prefer the convenience of cookies and expect its benefits when visiting websites, but many don’t appreciate the way cookies are designed to help track users. There has been a long battle whether cookies should be allowed to operate on websites, and privacy concerns have led governments to devise cookie laws – EU cookie law.

Since cookies have become a crucial part of the online browsing experience, it is safe to assume that websites operating in the European Union must comply with the law.

Reinstating privacy and user consent as a fundamental right, the European Union designed the ePrivacy Directive, commonly referred to as the EU Cookie Law. The legislation regulates how websites are allowed to use cookies and process personal data from visitors from the European Union.

The policymakers within the EU realized that internet users had the fundamental right to know:

  • What cookies are on the site
  • How websites are using cookies to target them with personalized advertisements
  • The option to opt-out of those cookies when desired

With the EU Cookie Law in effect from 2011, the EU mandates all EU countries to devise laws requiring websites to obtain the explicit and informed consent of the visitor before the website can store or retrieve their private information.

What are the requirements of the EU Cookie Law?

The European Cookie Law requires websites to feature a consent banner. Website visitors from the EU can use the consent banner to either accept or reject the non-essential cookies used by the website.

Essential cookies are needed to facilitate communication over the internet network, such as a user’s IP address. In comparison, non-essential cookies analyze a user’s behavior and display them with personalized ads.

The EU Cookie Law is the first cookie law regulating websites on cookies and trackers for targeting users with personalized ads. The Cookie Law applies to all websites with embedded cookie codes on the site. As per the law, websites are required to:

  • Inform their visitors that they’re using cookies,
  • Inform their visitors what those cookies are being used for, and
  • Obtain their consent before the cookies can be placed on their devices.

In short, websites with EU visitors need to obtain the visitor's explicit consent before they begin collecting their personal information. To obtain explicit consent, websites need to inform users in plain, user-friendly, and easy-to-understand language about all cookies and trackers embedded in their domain.

Apart from informing users and obtaining their consent in a user-friendly manner, websites need to enable withdrawal of the consent as easily as users can give consent to enable cookies.

How Does This Affect My Business?

If you are a website that does not use cookies, the EU Cookie Law does not affect you. However, most websites use cookies in one way or another, so the EU Cookie Law likely applies to most websites.

If your website uses cookies, you will need to make sure that you comply with the EU Cookie Law. Compliance would require you to make some tweaks to how you collect cookies from your visitors.

Non-compliance to any law comes with consequences, and the EU Cookie Law is no different. Failure to comply means websites are at risk of enforcement action from regulators and governing bodies. Websites could face monetary penalties and, worse, loss of customer trust.

How to Comply with the EU Cookie Law?

The EU Cookie Law itself does not impose penalties but requires the EU countries to devise and enforce their laws and federated penalties. In short, penalties imposed on a business for non-compliance will vary depending on where the business is located.

Businesses offering their services to EU visitors need to:

Add a Consent Banner

Websites need to add a consent banner informing their users about the information they collect and for what purpose that information is being collected.

The collection details can be mentioned elsewhere, but users must be given the option to consent to collect their information or opt-out willingly.

Specify in the Privacy Policy

Details of the collection can be explicitly mentioned in Terms of Service or the Privacy Policy in an easy-to-understand and plain language.

Suppose users have already accepted the Terms of Service and the Privacy Policy prior to updating the consent details. In that case, users must be prompted to accept or reject the updated details.

Enable Automation

Cookie compliance can be automated to enable swift integration across a websites’ domain. With the help of cookie consent management tools, websites can immediately comply with the EU Cookie Law and other global privacy regulations.

Schedule Your
Personal Demo

Learn how you can leverage Securiti’s Data Command Center to address data security, privacy, governance, and compliance.

See a demo
Schedule your demo today

Conclusion

Cookies are here to stay and that doesn’t mean they’re bad for businesses or website visitors. As long as businesses are complying with the law and morally adhering to the basic rule of privacy for everybody, operations are seamless.

For businesses struggling to get the idea of complying with the EU Cookie Law or any other data protection law, get in touch with us for more information.

Frequently Asked Questions

The EU cookie law refers to the ePrivacy Directive, which requires websites to obtain user consent before storing or accessing information using cookies. GDPR also addresses cookie use and user privacy.

Under GDPR, websites must obtain user consent before using non-essential cookies. Cookie policies should detail the types of cookies, their purposes, and provide options for users to manage preferences.

Join Our Newsletter

Get all the latest information, law updates and more delivered to your inbox


Share

More Stories that May Interest You
Videos
View More
Mitigating OWASP Top 10 for LLM Applications 2025
Generative AI (GenAI) has transformed how enterprises operate, scale, and grow. There’s an AI application for every purpose, from increasing employee productivity to streamlining...
View More
Top 6 DSPM Use Cases
With the advent of Generative AI (GenAI), data has become more dynamic. New data is generated faster than ever, transmitted to various systems, applications,...
View More
Colorado Privacy Act (CPA)
What is the Colorado Privacy Act? The CPA is a comprehensive privacy law signed on July 7, 2021. It established new standards for personal...
View More
Securiti for Copilot in SaaS
Accelerate Copilot Adoption Securely & Confidently Organizations are eager to adopt Microsoft 365 Copilot for increased productivity and efficiency. However, security concerns like data...
View More
Top 10 Considerations for Safely Using Unstructured Data with GenAI
A staggering 90% of an organization's data is unstructured. This data is rapidly being used to fuel GenAI applications like chatbots and AI search....
View More
Gencore AI: Building Safe, Enterprise-grade AI Systems in Minutes
As enterprises adopt generative AI, data and AI teams face numerous hurdles: securely connecting unstructured and structured data sources, maintaining proper controls and governance,...
View More
Navigating CPRA: Key Insights for Businesses
What is CPRA? The California Privacy Rights Act (CPRA) is California's state legislation aimed at protecting residents' digital privacy. It became effective on January...
View More
Navigating the Shift: Transitioning to PCI DSS v4.0
What is PCI DSS? PCI DSS (Payment Card Industry Data Security Standard) is a set of security standards to ensure safe processing, storage, and...
View More
Securing Data+AI : Playbook for Trust, Risk, and Security Management (TRiSM)
AI's growing security risks have 48% of global CISOs alarmed. Join this keynote to learn about a practical playbook for enabling AI Trust, Risk,...
AWS Startup Showcase Cybersecurity Governance With Generative AI View More
AWS Startup Showcase Cybersecurity Governance With Generative AI
Balancing Innovation and Governance with Generative AI Generative AI has the potential to disrupt all aspects of business, with powerful new capabilities. However, with...

Spotlight Talks

Spotlight 11:29
Not Hype — Dye & Durham’s Analytics Head Shows What AI at Work Really Looks Like
Not Hype — Dye & Durham’s Analytics Head Shows What AI at Work Really Looks Like
Watch Now View
Spotlight 11:18
Rewiring Real Estate Finance — How Walker & Dunlop Is Giving Its $135B Portfolio a Data-First Refresh
Watch Now View
Spotlight 13:38
Accelerating Miracles — How Sanofi is Embedding AI to Significantly Reduce Drug Development Timelines
Sanofi Thumbnail
Watch Now View
Spotlight 10:35
There’s Been a Material Shift in the Data Center of Gravity
Watch Now View
Spotlight 14:21
AI Governance Is Much More than Technology Risk Mitigation
AI Governance Is Much More than Technology Risk Mitigation
Watch Now View
Spotlight 12:!3
You Can’t Build Pipelines, Warehouses, or AI Platforms Without Business Knowledge
Watch Now View
Spotlight 47:42
Cybersecurity – Where Leaders are Buying, Building, and Partnering
Rehan Jalil
Watch Now View
Spotlight 27:29
Building Safe AI with Databricks and Gencore
Rehan Jalil
Watch Now View
Spotlight 46:02
Building Safe Enterprise AI: A Practical Roadmap
Watch Now View
Spotlight 13:32
Ensuring Solid Governance Is Like Squeezing Jello
Watch Now View
Latest
Simplifying Global Direct Marketing Compliance with Securiti’s Rules Matrix View More
Simplifying Global Direct Marketing Compliance with Securiti’s Rules Matrix
The Challenge of Navigating Global Data Privacy Laws In today’s privacy-first world, navigating data protection laws and direct marketing compliance requirements is no easy...
View More
Databricks AI Summit (DAIS) 2025 Wrap Up
5 New Developments in Databricks and How Securiti Customers Benefit Concerns over the risk of leaking sensitive data are currently the number one blocker...
A Complete Guide on Uganda’s Data Protection and Privacy Act (DPPA) View More
A Complete Guide on Uganda’s Data Protection and Privacy Act (DPPA)
Delve into Uganda's Data Protection and Privacy Act (DPPA), including data subject rights, organizational obligations, and penalties for non-compliance.
Data Risk Management View More
What Is Data Risk Management?
Learn the ins and outs of data risk management, key reasons for data risk and best practices for managing data risks.
Beyond DLP: Guide to Modern Data Protection with DSPM View More
Beyond DLP: Guide to Modern Data Protection with DSPM
Learn why traditional data security tools fall short in the cloud and AI era. Learn how DSPM helps secure sensitive data and ensure compliance.
Mastering Cookie Consent: Global Compliance & Customer Trust View More
Mastering Cookie Consent: Global Compliance & Customer Trust
Discover how to master cookie consent with strategies for global compliance and building customer trust while aligning with key data privacy regulations.
Singapore’s PDPA & Consent: Clear Guidelines for Enterprise Leaders View More
Singapore’s PDPA & Consent: Clear Guidelines for Enterprise Leaders
Download the essential infographic for enterprise leaders: A clear, actionable guide to Singapore’s PDPA and consent requirements. Stay compliant and protect your business.
View More
Australia’s Privacy Act & Consent: Essential Guide for Enterprise Leaders
Download the essential infographic for enterprise leaders: A clear, actionable guide to Australia’s Privacy Act and consent requirements. Stay compliant and protect your business.
Gencore AI and Amazon Bedrock View More
Building Enterprise-Grade AI with Gencore AI and Amazon Bedrock
Learn how to build secure enterprise AI copilots with Amazon Bedrock models, protect AI interactions with LLM Firewalls, and apply OWASP Top 10 LLM...
DSPM Vendor Due Diligence View More
DSPM Vendor Due Diligence
DSPM’s Buyer Guide ebook is designed to help CISOs and their teams ask the right questions and consider the right capabilities when looking for...
What's
New