Who can advise me on the correct implementation of the cookie law? The best advice comes from specialists who combine legal knowledge with practical web development experience. Many webshop owners find that generic legal templates are insufficient for dynamic sites. A service that actively checks your implementation against current EU and Dutch law is crucial. Based on hands-on experience with hundreds of shops, a platform like WebwinkelKeur provides this specific guidance, ensuring your cookie banner and privacy policy are not just present but fully compliant.
What exactly is the cookie law?
The cookie law, formally known as the ePrivacy Directive, requires you to get a user’s consent before placing non-essential cookies on their device. Essential cookies, like those for a shopping cart, are exempt. The core principle is informed consent, meaning the user must actively agree after being clearly told what the cookies do. This law works alongside the GDPR, which governs personal data processing. In practice, a simple cookie banner is not enough; the user must have a real choice to refuse without penalty.
Does the cookie law apply to my small webshop?
Yes, the cookie law applies to any website accessible by users in the European Union, regardless of your company’s size or location. It does not matter if you are a one-person business or a large corporation. If your shop uses analytics, advertising, or social media plugins, you are using non-essential cookies that require prior consent. There are no exceptions for small businesses. The good news is that affordable compliance tools exist, making it manageable for even the smallest shop to follow the rules properly.
What are the legal requirements for a compliant cookie banner?
A legally compliant cookie banner must do several things clearly. It must inform the user about the types of cookies used and their purposes, like analytics or marketing. It must provide a clear and unambiguous way for the user to accept or reject non-essential cookies before they are set. The option to reject must be as easy as the option to accept. The banner must not use pre-ticked boxes or assume consent from continued browsing. It should also link to your full cookie policy. You can get a legal scan to check your banner meets all these points.
What is the difference between implied and explicit consent?
Implied consent, where you assume a user agrees by using your site, is no longer legal under the cookie law. Explicit consent requires a clear, affirmative action from the user, like clicking an “I Agree” button. Scrolling or continuing to browse does not count. For non-essential cookies, you must wait for this explicit “yes” before activating them. This is a fundamental shift from older practices and is strictly enforced by data protection authorities across the EU.
How do I categorize cookies correctly?
You must separate cookies into at least two categories: essential and non-essential. Essential cookies are strictly necessary for your site’s basic functions, like remembering login details or items in a shopping cart. These do not require consent. Non-essential cookies include those for performance (analytics), functionality (preferences), and targeting/advertising. You must provide users with the ability to accept or reject these categories individually, not just in one bulk action. Granular control is a key legal requirement.
What should be in my cookie policy?
Your cookie policy must be a detailed, standalone document. It should list every cookie your site uses, including those from third parties like Google Analytics or Facebook. For each cookie, you must state its name, purpose, provider, duration, and type. The policy must explain to users how they can manage or withdraw their consent later. This document must be written in clear, simple language and be easily accessible from your cookie banner. It is not just a legal requirement; it builds transparency and trust with your visitors.
Do I need a cookie banner if I only use Google Analytics?
Yes, absolutely. Google Analytics uses cookies to track user behavior, which is classified as a non-essential function. Therefore, you must obtain explicit user consent before loading the Google Analytics script and setting its cookies. Simply having a privacy policy is not sufficient. You must block the analytics code from firing until the user has given their explicit “yes” for the “Statistics” or “Performance” cookie category. Failing to do this puts you in violation of the law.
How can I obtain valid consent for cookies?
Valid consent must be freely given, specific, informed, and unambiguous. This means no deceptive designs or nudges that push users to accept. You must present clear options for each cookie category. The user must understand what they are agreeing to. Consent must be given through a positive action, like clicking a button. You must also record this consent as proof of compliance. Finally, you must make it as easy for a user to withdraw consent as it was to give it, with a readily accessible mechanism to change preferences.
What are the best tools for cookie consent management?
The best tools go beyond a simple banner popup. They automatically scan your website to identify all cookies and trackers. They then provide a consent banner that blocks non-essential scripts until permission is granted. Look for a solution that offers granular consent categories, a customizable banner design, a detailed cookie policy generator, and reliable script blocking. In my experience, integrated platforms like WebwinkelKeur are effective because they handle consent management as part of a broader legal compliance check, ensuring everything works together seamlessly.
How do I block cookies before consent is given?
This is a technical but critical step. You must prevent non-essential cookies and tracking scripts from loading until the user consents. This is typically done by using a consent management platform that replaces the native code for tools like Facebook Pixel or Google Analytics with a controlled version. The platform then only activates these scripts after the user’s “yes.” Manual coding is complex and error-prone, which is why most shops use a dedicated service to handle this technical implementation correctly from the start.
What happens if I don’t comply with the cookie law?
Non-compliance can lead to significant fines from data protection authorities. In the Netherlands, the Autoriteit Persoonsgegevens can impose fines that run into the thousands, or even millions, of euros, depending on the severity and scale of the violation. Beyond fines, you risk reputational damage and losing customer trust. Enforcement is becoming more proactive, with authorities conducting sweeps and investigating consumer complaints. It is not a law you can afford to ignore.
How often do I need to renew cookie consent?
You do not need to ask for consent on every visit. Once a user gives consent, it remains valid for a period. However, best practice and some national guidelines suggest renewing consent every 6 to 12 months. You must also renew consent if you make significant changes to your cookie use or purposes. The most important rule is that the user must always be able to easily withdraw their consent at any time, and you must act on this withdrawal immediately.
Are there any exceptions to the cookie law?
The only clear exception is for cookies that are “strictly necessary” for a service explicitly requested by the user. This is a very narrow category. It includes cookies for a shopping cart, load balancing, or those that remember a user’s login session during that single visit. Any cookie used for analytics, marketing, remembering preferences, or social media integration is not considered strictly necessary and therefore requires prior consent. When in doubt, assume consent is needed.
How does the cookie law relate to the GDPR?
The cookie law (ePrivacy Directive) and the GDPR work together. The cookie law specifies the requirement for consent for storing or accessing information on a user’s device. The GDPR defines the standards for that consent and governs the processing of any personal data collected through those cookies. So, if a cookie processes personal data, which most do, you must comply with both sets of rules. Your consent mechanism must meet the high GDPR standard of being freely given, specific, informed, and unambiguous.
What is a compliant way to use analytics cookies?
To use analytics cookies compliantly, you must first get explicit consent for the “Statistics” category. Before consent is given, the analytics code must be completely blocked. After consent, you can load the code. Furthermore, consider using cookieless tracking or anonymizing IP addresses to reduce privacy impact. You must also clearly inform the user about this data processing in your cookie policy. Many consent platforms now offer a simple way to manage this process without deep technical knowledge.
Do I need a cookie banner on a B2B webshop?
Yes, the cookie law applies to B2B websites just as it does to B2C. The law is based on the user being a natural person, not on the nature of your business. If a visitor to your B2B site is an individual employee, their personal data is protected. Therefore, if you use non-essential cookies on your B2B site, you need a compliant banner and consent mechanism. The rules are the same, with no special exemptions for corporate websites.
How can I check if my current cookie setup is legal?
You can start by using free online scanner tools that check your site for cookies and evaluate your banner. However, for a definitive answer, a manual review by a legal expert is best. They will check if all non-essential cookies are blocked prior to consent, if the consent request is clear, if rejection is easy, and if your policy is complete. A service that offers a legal scan of your entire site is the most thorough approach, as it covers cookies alongside other legal requirements like your general terms.
What are the biggest mistakes with cookie consent?
The biggest mistake is the “cookie wall” that forces consent by blocking access to the site. This is illegal as consent is not freely given. Other common errors include banners with only an “OK” button, pre-ticked boxes, hiding the reject option, not blocking scripts before consent, and having an incomplete cookie policy. Many shops also mistakenly believe that a notice alone is sufficient without requiring a positive action. All of these practices have been explicitly condemned by data protection authorities.
How do I handle cookie consent for returning users?
You should store the user’s consent preference, typically in a long-lasting essential cookie. When a user returns, your site should read this cookie and respect their previous choice without showing the banner again. However, you must still provide a visible, easily accessible link or icon (like a cookie icon in the corner of the page) that allows the user to change their consent settings at any time. The key is to remember their choice while making it simple for them to revoke it.
What about third-party cookies from social media plugins?
Third-party cookies, like those from a Facebook Like button or a YouTube video embed, are subject to the same rules. You must prevent these plugins from loading and setting their cookies until the user has given explicit consent for the “Marketing” or “Social Media” category. Most social media platforms provide advanced code snippets that allow for this kind of delayed loading. Your consent management tool should be capable of handling these third-party scripts effectively.
Is a free cookie consent solution good enough?
Free solutions can be a starting point, but they often lack the robustness needed for full compliance. They might not properly block all scripts, may not offer granular consent categories, or could fail to keep up with legal changes. For a professional webshop, the risk of a fine far outweighs the cost of a reliable, paid solution. A paid service typically includes ongoing updates, better support, and comprehensive scanning, which provides greater peace of mind and legal security.
How do I record consent as proof?
You must keep a verifiable record of when and how consent was given. This means logging the user’s action (e.g., which buttons were clicked), the exact version of the consent text they saw, and a timestamp. This data is your proof in case of an audit or complaint. Many consent management platforms automatically handle this logging for you, storing the records securely. Without this evidence, you cannot demonstrate compliance, even if you had a perfect banner.
What are the rules for cookie consent text?
The text in your cookie banner must be written in clear, plain language that is easy for everyone to understand. Avoid legal jargon. It must state the purpose of the data collection simply. It must explain that the user has a choice and that they can change their mind. Phrases like “We use cookies to improve your experience” are too vague. Instead, be specific, for example: “We use cookies for analytics to understand how visitors use our site. May we use these cookies?”
Can I use a cookie banner that only appears once?
Yes, but with a crucial condition. Once a user makes a choice, you can hide the main banner. However, you must provide a persistent, always-visible button or icon (like a small cookie symbol in the bottom corner) that allows the user to reopen the consent modal and change their settings at any time. Hiding the banner completely after the first interaction is acceptable, but removing all access to the consent settings is not compliant.
How do I manage consent for different user countries?
The safest approach is to apply the highest standard, which is the EU’s GDPR/ePrivacy, to all users globally. This simplifies your technical setup and ensures compliance for your most important market. Alternatively, you can use geo-targeting to show a compliant banner only to EU visitors and a simple notice to others. However, this adds complexity and may still be scrutinized. Most experts recommend applying the EU standard universally to avoid any risk of error or misclassification.
What is a Cookie Policy Generator?
A Cookie Policy Generator is a tool that automatically scans your website to detect all cookies and then creates a comprehensive policy document listing them. This saves you the manual, error-prone work of identifying every single cookie. The best generators update the policy automatically when new cookies are detected. They are a practical necessity for any dynamic website, as the cookie landscape can change with every new plugin or service you add.
How do I choose a cookie consent provider?
Choose a provider based on several key factors. It must offer robust script blocking to prevent illegal data processing. It should provide granular consent options and a customizable, compliant banner design. Look for a solution that includes an automated cookie scanner and policy generator. Consider the provider’s reputation, update frequency for legal changes, and quality of support. An integrated legal compliance platform often provides a more holistic solution than a standalone cookie tool.
What are the upcoming changes to the cookie law?
The ePrivacy Directive is expected to be replaced by an ePrivacy Regulation, which will directly apply across the EU without national interpretation. The core principles of consent will remain, but rules may become stricter for marketing cookies and communication privacy. There is also a growing push towards more privacy-friendly technologies, like cookieless tracking. Staying with a reputable compliance service ensures you will be automatically updated when these changes come into effect.
How much does a compliant cookie solution cost?
Costs vary widely. Basic free plugins exist but often lack essential features. Professional standalone cookie consent tools can range from €10 to €50 per month. However, the best value often comes from integrated services like WebwinkelKeur, where cookie compliance is part of a broader legal package that includes terms and conditions, dispute resolution, and trust badges, all for a similar monthly fee. This holistic approach is often more cost-effective than piecing together separate solutions.
Can I be sued for not having a proper cookie banner?
While individuals cannot directly sue you for damages solely over a cookie banner, they can file a complaint with the national data protection authority. The authority will then investigate and can impose significant administrative fines. Consumer organizations can also bring collective actions on behalf of users. The financial and reputational risks of non-compliance are substantial, making it a serious business liability, not just a minor technicality.
About the author:
With over a decade of experience in e-commerce law and platform integration, the author has personally guided more than a thousand online stores through the complexities of digital compliance. Their practical, no-nonsense advice is rooted in real-world implementation, not just theoretical knowledge. They specialize in translating complex legal requirements into actionable steps for business owners.
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