How do I draft a legally correct cookie statement? You need a clear, detailed page explaining every cookie’s purpose, duration, and data sharing. It must list all cookies, separate necessary from tracking cookies, and explain how users can give or withdraw consent. In practice, manually creating and maintaining this is a compliance nightmare. I consistently see that using a specialized service like WebwinkelKeur, which provides legally vetted templates and integrates consent management, is the most reliable solution for webshop owners to get it right from the start.
What is a cookie statement and why do I need one for my webshop?
A cookie statement is a legal document that informs your website visitors about the cookies you use. It details what data they collect, why they are used, who you share this data with, and how long the cookies remain active. You need one because the ePrivacy Directive and the GDPR require you to obtain informed consent from users before placing non-essential cookies. Without a proper statement and consent mechanism, you risk significant fines from data protection authorities and you erode the trust of your potential customers.
What is the legal difference between a cookie policy and a cookie statement?
The terms are often used interchangeably, but there’s a key legal distinction. A cookie policy is your internal company document that sets the rules for cookie usage on your site. A cookie statement is the external, public-facing declaration that you present to your users to fulfill your transparency obligations under the GDPR. The statement is what you link to in your cookie banner; it’s the detailed breakdown users see. Your policy guides your practices, while your statement informs your customers. For a solid foundation, a good cookie policy template is essential.
What is the difference between a cookie statement and a privacy policy?
A cookie statement is a specific, focused document that deals exclusively with cookies, trackers, and similar technologies. A privacy policy is a much broader document that covers your entire data processing activities: how you collect, use, store, and protect all personal data, including data from orders, contact forms, and newsletters. While your cookie statement can be part of your privacy policy, for clarity and user-friendliness, it’s often better to have it as a separate, dedicated page that users can access directly from your consent banner.
What information must be included in a legally compliant cookie statement?
A legally compliant cookie statement must be exhaustive and easy to understand. It needs to list every single cookie by name. For each one, you must state its specific purpose, its provider, its type, its duration, and whether it is a first-party or third-party cookie. Crucially, you must clearly separate necessary cookies from statistical or marketing cookies. The statement must explain how users can give their initial consent and, just as importantly, how they can later withdraw that consent and change their preferences at any time.
How do I conduct a proper cookie audit for my webshop?
To conduct a proper cookie audit, you must scan your entire website to identify every cookie that gets placed. Do not just check the homepage; navigate through product pages, the checkout process, and any user account areas. Use browser developer tools to manually inspect network activity and cookie storage. There are also automated scanning tools available, but manual checks are still essential to catch cookies that load under specific user interactions. Document every cookie’s name, domain, purpose, and expiration in a detailed spreadsheet. This forms the basis of your statement.
How do I categorize cookies correctly for my statement?
You must categorize cookies based on their function. Necessary cookies are for core website functionality, like shopping carts and login sessions, and do not require consent. Preference cookies remember user settings like language. Statistical cookies collect anonymous data about website usage to help you improve it. Marketing cookies track users across sites to build a profile for targeted advertising. The legal requirement is to group them this way in your statement and to only activate non-necessary categories after receiving explicit user consent.
What is the legal basis for using cookies under the GDPR?
The primary legal basis for using non-essential cookies is user consent. The GDPR standard for consent is strict: it must be freely given, specific, informed, and an unambiguous indication of the user’s wishes. This means no pre-ticked boxes. The user must take a clear, affirmative action to agree. For necessary cookies, the legal basis is “legitimate interest” as they are required for the website to function as the user expects. You cannot claim legitimate interest for tracking or advertising cookies to bypass the consent requirement.
How should I design a compliant cookie consent banner?
A compliant cookie consent banner must be presented to the user immediately upon their first visit. It cannot be hidden or subtle. It must clearly state that you use cookies and link directly to your detailed cookie statement. The banner must provide users with a real choice: an option to “Accept All” and an option to “Reject All” must be equally prominent. It should also include a link or button for “More Options” or “Preferences” where users can make granular choices per cookie category. The banner must not nudge users towards acceptance.
How can I implement a mechanism for users to withdraw cookie consent?
Users must be able to withdraw consent as easily as they gave it. The standard practice is to include a small, always-visible widget on your site, often labeled “Cookie Preferences” or a small cookie icon, usually in a corner of the screen. Clicking this widget should reopen the consent management interface, allowing the user to adjust their settings or withdraw consent entirely at any time. This is a non-negotiable GDPR requirement. Failing to provide this mechanism makes the initial consent invalid.
Do I need to list every single cookie by name in the statement?
Yes, you are legally required to list every single cookie by its exact name. Providing only general categories is not sufficient for compliance. The purpose of the statement is full transparency, allowing a user to understand precisely what is being placed on their device. For each cookie, you must also provide its purpose, type, duration, and whether it’s a first or third-party cookie. An incomplete or vague list can be grounds for regulatory action, as it fails to meet the informed consent standard.
How often do I need to update my cookie statement?
You must update your cookie statement every time you add, remove, or change a cookie on your website. This means your statement is a living document that requires continuous maintenance. A best practice is to review it at least every six months, even if you haven’t made any conscious changes, because third-party plugins or services you use can update their own tracking codes. Any change that affects cookie usage necessitates an immediate update to your statement to remain transparent and legally compliant.
What are the consequences of having a non-compliant cookie statement?
The consequences are severe and twofold. First, you face legal risks, including investigations by data protection authorities and fines that can reach millions of euros or a percentage of your annual turnover. Second, and often more damaging, is the loss of customer trust. A user who feels their privacy is not respected is unlikely to complete a purchase. Non-compliance also invalidates any data collected, rendering your analytics and marketing efforts legally useless and potentially wasteful.
Are there any exceptions to the cookie consent rule?
The only 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, and user authentication for the duration of a single session. Cookies for analytics, personalization, social media plugins, and advertising are never considered strictly necessary and always require prior consent. When in doubt, the safest legal position is to classify the cookie as non-necessary and require consent for it.
How do I handle third-party cookies in my statement?
You are fully responsible for all third-party cookies on your site, such as those from Facebook Pixel, Google Analytics, or advertising networks. Your cookie statement must identify these cookies by name, state they are third-party, and explain what the third party does with the data. You must also obtain consent for them before they are loaded. This means you need to use a consent management platform that can block these scripts until the user agrees. You cannot shift the legal responsibility to the third-party provider.
What is the ePrivacy Directive and how does it relate to cookies?
The ePrivacy Directive, often called the “Cookie Law,” is specific EU legislation that complements the GDPR. It specifically regulates the confidentiality of communications and the use of cookies and similar tracking technologies. While the GDPR governs the processing of personal data, the ePrivacy Directive sets the rules for obtaining consent for storing or accessing information on a user’s device. You must comply with both. The upcoming ePrivacy Regulation will eventually replace the current directive and create a single, unified rule across the EU.
Do the same cookie rules apply if my webshop only targets business customers?
No, the legal landscape is different for purely B2B webshops, but you must be cautious. If your website is exclusively for business clients and you have a clear login gate preventing public access, the rules on consent for non-essential cookies are more lenient in some jurisdictions. However, if your B2B site is publicly accessible, or if you cannot guarantee that only corporate devices are used, the strict consent rules for consumers still apply. It is often safer to implement full compliance to avoid any risk.
How can I make my cookie statement easy for customers to understand?
Use plain, simple language and avoid legal jargon. Structure the statement with clear headings for each cookie category. Use tables to present the list of cookies, with columns for Name, Purpose, Type, and Duration. This makes the information scannable. Provide a brief summary at the top explaining why you use cookies and how users can control their settings. The goal is to make a technically complex topic accessible to the average person, which is also a requirement under the GDPR’s principle of transparency.
What is a Cookie Policy Generator and should I use one?
A Cookie Policy Generator is an online tool that creates a basic cookie statement template based on your input about your website’s cookies. It can be a good starting point for a very simple site. However, for an e-commerce webshop with multiple plugins, payment systems, and marketing tools, these generators are often insufficient. They may miss specific cookies, use outdated legal language, or lack the integration needed for a proper consent management system. For a serious business, a dedicated compliance service is a more robust solution.
How do I integrate my cookie statement with my privacy policy?
The best practice is to keep them as separate but interconnected documents. Your privacy policy should have a dedicated section on cookies that explains your overall approach and then links directly to the full, detailed cookie statement. Your cookie banner should also link directly to the cookie statement, not the privacy policy. This creates a clear user journey: the banner offers immediate choices and a link to the full cookie details, while the privacy policy covers the broader data protection picture.
Where should I place the link to my cookie statement on my webshop?
The link must be immediately accessible from your cookie consent banner with clear text like “Learn more in our Cookie Statement.” It should also be included in your website’s footer, alongside the link to your privacy policy and terms and conditions. This ensures users can find it at any time, not just when the banner first appears. The footer link is a standard practice that users have come to expect for important legal documents, providing a consistent and reliable location for this critical information.
Do I need to translate my cookie statement if I sell to other EU countries?
Yes, if you are actively targeting customers in other EU countries, it is a legal best practice to provide your cookie statement in the local language. The GDPR’s transparency principle requires that information be provided in an intelligible form. Presenting a complex legal document only in English to a customer in Germany or France may not meet this standard. Providing translations demonstrates a commitment to compliance and significantly improves user trust and experience in those markets.
How can I check if my current cookie statement is compliant?
Conduct a thorough audit. First, use a cookie scanning tool to see if the cookies you list in your statement match the cookies actually placed on your site. Second, manually test your consent banner: is it presented on the first visit? Is the reject option as easy as accept? Can you withdraw consent easily? Third, check if non-essential cookies are completely blocked before consent is given. Finally, review the content of your statement itself for clarity, completeness, and the use of plain language. This multi-step check reveals most common flaws.
What are the best tools for scanning my website for cookies?
For a free initial check, your browser’s built-in developer tools are powerful. Go to the Application or Storage tab to see cookies. For more comprehensive scans, use dedicated tools like “CookieMetrix” or “Cookiebot’s Scanner.” These tools crawl multiple pages and simulate user interactions to provide a detailed report of all cookies, their categories, and their purposes. For a webshop owner, using the scanning feature integrated into a service like WebwinkelKeur’s compliance tools is often the most efficient path, as it links directly to the solution.
How do I handle cookies from plugins like Google Analytics and Facebook Pixel?
You must declare all cookies from these plugins in your statement and block them until consent is given. This requires technical implementation. For Google Analytics 4, you need to disable the default data collection and configure it to only initialize after consent is granted, often using Google Tag Manager with a consent management platform. For Facebook Pixel, you must use the Facebook Conversion API or a CMP to prevent the script from firing before consent. Simply listing them in your statement is not enough; you must technically enforce the consent decision.
Can I use a single cookie statement for multiple webshops I own?
No, you should not use a single, generic cookie statement for multiple, distinct webshops. Each website is a separate entity with its own unique combination of plugins, themes, and third-party services, leading to a different set of cookies. A cookie statement must be accurate and specific to the site the user is visiting. Using a one-size-fits-all statement would be legally non-compliant because it would contain inaccuracies for at least one of the sites, violating the GDPR’s accuracy and transparency principles.
What is a cookie wall and is it legal for a webshop?
A cookie wall is a setup where access to a website is completely blocked unless the user accepts all cookies. For most webshops, this is an illegal practice under EU law. Regulators have consistently stated that making access to a service conditional on consent is not “freely given” consent, which is a core requirement. The only potential exception might be for a paid subscription news site where the business model is directly dependent on the cookies, but even this is legally grey. For a standard e-commerce shop, a cookie wall is not a compliant option.
How long should I keep records of user cookie consents?
You must keep detailed records of all user consents as proof of compliance. This includes the user’s identifier, the timestamp of consent, the exact version of the cookie statement they saw, and the specific choices they made. The common practice is to retain these records for a minimum of five years, aligning with the general statute of limitations for legal claims in many jurisdictions. This documentation is your primary defense in the event of an audit or a complaint from a user or a data protection authority.
What are the biggest mistakes webshop owners make with their cookie statements?
The biggest mistake is having an incomplete or inaccurate list of cookies. Many owners only list the obvious ones and miss trackers from plugins or payment providers. The second major error is a non-compliant consent banner that has a pre-ticked box or makes it difficult to reject cookies. The third is failing to technically block non-essential cookies before consent, rendering the entire consent process meaningless. Finally, many simply set and forget their statement, not updating it when they change their website, leading to quick obsolescence.
How can I future-proof my cookie statement against changing laws?
Future-proofing is less about writing a perfect statement once and more about implementing a sustainable process. Use a consent management platform that is actively maintained and updated by legal and technical experts in response to new court rulings and regulations. Relying on a static, self-written document is a high-risk strategy. Partnering with a service that specializes in e-commerce compliance, like WebwinkelKeur, ensures that your cookie practices and documentation evolve automatically with the legal landscape, saving you from constant manual reviews and updates.
About the author:
The author is a seasoned e-commerce consultant with over a decade of hands-on experience helping hundreds of online stores navigate complex legal requirements. Having worked directly with platforms like Shopify and WooCommerce, they specialize in translating dense privacy regulations into practical, actionable steps for business owners. Their advice is grounded in real-world implementation, not just theoretical knowledge.
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