Since its enforcement on May 25, 2018, the General Data Protection Regulation (GDPR) has mandated businesses and website creators to ensure their websites comply with stringent requirements to protect user data and privacy.
Crucial aspects of GDPR compliance revolve around effective cookie management systems and web design. In this article, we present a comprehensive checklist to guide business owners and website creators in ensuring their websites are GDPR compliant.
Obtain Valid Consent
- Implement a cookie banner or pop-up that clearly informs users about the use of cookies on your website.
- Ensure the banner provides users with clear options to accept or reject non-essential cookies.
- Require affirmative action for consent, such as clicking an “Accept” button, to demonstrate unambiguous consent.
- Do not use pre-checked boxes or any form of implied consent.
Provide Granular Cookie Controls
- Offer users the ability to granularly manage cookie preferences, allowing them to opt in or out of specific cookie categories.
- Provide clear explanations of the purpose and consequences of accepting or rejecting each cookie category.
Verify Your Cookies Are Not Firing Before Gaining Consent
One of the most common non-conformance forms with GDPR takes place when cookies are firing before users are accepting them, often websites may even have cookie management banners in place but these are effectively not doing anything with regards to triggering or preventing cookies from firing.
To ensure this is not the case consider the following:
- Consider implementing a cookie management platform (CMP) to streamline the process of managing and obtaining consent for cookies.
- Consider integrating your cookies with a CMP and Google Tag Manager (GTM) this can form a powerful and centralised system to manage all your cookies.
- By using a CMP, businesses can ensure compliance with GDPR requirements while providing a seamless user experience.
Ensure Compliant Ethical Banner Design
- Design cookie banners with a focus on transparency and user empowerment, rather than coercion or manipulation.
- Avoid using aggressive or misleading language or design elements that pressure users into accepting cookies.
- Keep cookie banners unobtrusive and easy to dismiss, allowing users to navigate the website without interference if they choose not to provide consent.
- Use clear and concise language in cookie banners to explain the purpose of cookies and the implications of accepting or rejecting them.
- Test different banner designs to ensure they are accessible and user-friendly across various devices and screen sizes.
- Regularly review and update banner design based on user feedback and evolving best practices in user experience design and data privacy.
Achieving GDPR compliance for cookie management, banner design, and the use of cookie management platforms, is essential for businesses to protect user privacy and avoid hefty fines. By following this checklist, you can ensure that your website meets GDPR requirements, builds trust with users, and fosters a transparent approach to data protection.
Data & Analytics Support
If you are struggling or unclear about your site’s GDPR compliance and the setup of your cookies, please get in touch.
We will assist you in auditing your site and can provide you with all the solutions to ensure compliance. Contact us now to safeguard your users’ privacy and protect your business from potential fines.
