Websites must have in place a GDPR Cookie Consent Free to ensure that they protect the data privacy of their website users, inform them about the cookies that are active on their website and address any privacy concerns that the users might have.
However, the users find the cookie consent banner as an annoying element on any website. The reason for this proliferation of the GDPR cookie consent is the lawmakers want you to take good care of the personal information of your users.
These consent alerts enforced by the two most influential regulations, known as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
The GDPR came into effect on 25th May 2018, whereas the CCPA came into force on 1st January 2020.
The issues related to a user’s/visitor’s privacy has been discussed often and grabbed the attention of many. The legislations are launched to address those issues.
The main problems were the use of cookies to create a user’s profile and then using them for targeting advertising.
A regulation enforced in 2002 named as ePrivacy Directive. Moreover, the GDPR is actually reiterating that regulation, as it was also concerned with the use of cookies.
The Directive, later updated in 2009 and in 2018 extended its scope and brought it more in line with the GDPR. Currently, the EU is still debating a total overhaul of the ePrivacy laws with the ePrivacy regulation, however, this has been delayed for the near future.
General Data Protection Regulation (GDPR) mentions cookies in one paragraph. In which they are defined as how they are used to track devices to associate a person with the websites that they visit.
Though, it also mentions how cookies can abuse a user’s privacy by creating a usage profile. In addition, a person can have a link with the online identifiers provided by their devices, applications, tools, and protocols.
This often leaves traces when combined with unique identifiers and the information by the server. As a result, it can create a profile or a user through which he/ she can be identified.
According to the GDPR, a person must, “document and store consent received from users”. In reality, it is not possible to store consent from every visitor.
Therefore, websites must implement a GDPR cookie consent free. Whenever a user visits the site, the cookie alert will appear on the page, and the consent can be given just by clicking “I Agree” on the banner.
The GDPR also suggests that “a website must allow users to access your service even if they refuse to allow the use of certain cookies”.
Consequently, if a user disagrees with the GDPR compliant cookie consent banner, they can still view the whole page. But, the banner will still be there on the bottom of the screen.
General Data Protection Regulation (GDPR) has become a landmark bill for data protection laws across the globe. It is setting precedents across the world. The GDPR is no longer only a set of principles that uphold privacy of the users but also a cornerstone of the legal framework for technology and science firms across the EU. It has a global impact and this influence can be seen in laws such as the CCPA, and LGPD.
It includes a comprehensive set of rules that have been created to tackle modern challenges related to data protection and privacy. As the growth of technology has been overarching on the user’s privacy and has taken away control from data subjects. The law has been designed to help with the return of control back to the data subject as the true and sole owners of their own personal data.
The unique nature and approach of the regulation not only makes it effective but also compels businesses to learn how to deal with this new regulatory environment.
It also encourages businesses on how to avoid attracting any fines or other sanctions.
And businesses have been given substantial time to ensure that.
California Consumer Privacy Act (CCPA):
This regulation came into force on 1st January 2020. It has restrictions regarding the use of “unique identifiers” such as cookies, IP addresses, notification requirements and opt-out/in are the same as GDPR and EPD.