Banner cookies, what are they? Why are they there? Examples

In today's digital landscape, websites collect and use data to provide personalized experiences and targeted advertising.

With the growing awareness of data privacy, regulations have been introduced to ensure the protection of user data.

In this article, we will discuss everything you need to know about cookie banners.

What is a cookie banner?

A cookie banner is a notification that appears on a website to inform users about the use of cookies. It typically contains a message explaining what cookies are, why they are used and what types of cookies the website uses. This is essential to inform users about their privacy and give them control over their data.

Simply put, it informs visitors about the use of cookies and other tracking technologies and gives users the ability to accept, reject or customize the use of cookies.

Not only is it a legal requirement for websites to obtain user consent for the use of cookies, but it also ensures transparency and trust between the website and its visitors.

Why do you need a cookie banner?

Cookie banners help companies and website owners generally obtain user consent for the use of cookies, which is a legal requirement in many countries, including the EU under the General data protection regulation (GDPR) and  EPrivacy Directive, while in the United States pursuant to state laws is based only on opt-outs for certain categories of personal data processing, including selling, sharing and targeted advertising.

👉 A cookie banner is the most commonly used way to help meet these requirements, providing users with clear information about the use of cookies and obtaining their consent to their use. Failure to comply with these requirements can result in heavy fines and legal consequences.

For example, in 2019, online fashion retailer ASOS was fined £250.000 by the UK's data protection watchdog for failing to obtain user consent to use cookies. The company implemented a cookie banner to address this issue and has since managed to comply with privacy regulations.

🚀 Here are 5 things to do immediately to comply with the GDPR

Who needs to display a cookie banner?

If you operate a website or application that uses cookie the script not exempt and you have users based in Europe, you must display a cookie banner. This applies to any website that is not actively blocking users based in Europe, or to any website or app belonging to an entity based in the EU, such as a company, sole trader or public institution, regardless from the users' headquarters.

Note

If you do business in the United States or target users based in the United States, you must comply with the requirements of various state laws to inform your users about certain categories of personal data processing, including sale, sharing and advertising targeted, and to allow them to opt out.

This means you may need to see a recall notice and/or a “Do Not Sell My Personal Information” (DNSMPI) link. A privacy banner can be the best way to meet all these requirements.

📌 Guidelines for each global privacy regulation

Various global privacy regulations provide specific guidelines for obtaining user consent for cookies. For example:

• ???????? 🇬🇧 In Europe, the General Data Protection Regulation (GDPR) requires users to provide consent “specific, informed and unambiguous” before cookies are placed on their devices. In particular, the ePrivacy Directive of the European Union regulates the use of cookies and similar technologies for storing and accessing information on user devices. The legislation requires website owners to obtain user consent before using cookies or similar technologies, unless cookies are strictly necessary for the functioning of the site.
  • The ePrivacy Directive applies to all websites based in Europe or that target EU residents. The directive requires website owners to provide clear and complete information. Come on types of cookies used on the site, On purposes of cookies and on ways in which users can opt out of cookies.
• 🇺🇸 In the United States, state privacy laws do not regulate cookies and other trackers, and the mechanism is primarily based on opt-outs. This means that processing of personal data (selling, sharing, targeted advertising) can usually be done right away. Even without the user's prior consent and until the user actively denies their consent. It is therefore necessary to provide ways to do so according to the requirements of the various laws in force in the United States.
  • In this sense, a cookie banner may be the most effective and simple option where users can find all privacy options, based on the type of processing carried out by the website.

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Cookie banners and privacy banners are an effective way to achieve these goals and demonstrate a website's commitment to user privacy.

Remember that cookie banners are only part of the requirements of the Cookie Law and the GDPR. To be fully compliant, you must also connect to an accurate cookie policy e block cookies before user consent.

Cookie Policy for Website Owners: What Should It Include?

The owner of a website must collect user consent before cookies are installed on the user's device. To give consent, users must be informed of data collection activities and choose whether or not to consent to the installation of cookies.

It is therefore necessary to set a cookie policy in which:

• defidetermine which cookies to use (for example technical, statistical, profiling, etc.) and for what purposes;
• list the categories and purposes of third-party cookies installed.

📌 How to design an effective cookie banner

When designing a cookie banner, you need to follow some best practices. To ensure that it is effective in obtaining user consent and at the same time is easy to use.

• First of all, make sure the banner is clearly visible on the website and is easy to understand.
• An effective banner, it should be linked to a cookie policy. Clearly explain which cookies are used, their purposes and any related third party processing.
• Furthermore, it must provide users a clear option to accept or reject cookies. As well as the ability to change your preferences later.
• When obtaining user consent, it is important to ensure that it is freely given, specific, informed and unambiguous. This means that users must receive a clear and concise explanation of what they are consenting to.
• To make your cookie banner feel like a natural part of your website, use brand colors and design elements that fit the overall aesthetic. This approach can help improve usability and create a seamless user experience.

By following these guidelines, website owners can design an effective and easy-to-use cookie banner.

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