Beyond World Wide Privacy Regulations

Avoid Consent Cookies


Consent Cookie, what does it mean?

It is the action on the part of the users of a website to give their consent to cookies before they are installed on their computer.

But what are cookies?

Well, a cookie is a data file, and this file is installed on your computer or mobile phone when you visit a website. 

They are used to remember the accesses and to know the user's browsing habits. They leave your fingerprint so that websites can identify the device from which you are browsing. Thanks to them, in the positive function, the website remembers your settings and makes browsing easier.

But when it collects information about your browsing habits is when we enter the tricky part as it is something that can be used by third parties, advertising companies, to then show you advertisements related to your interests because they have created a profile of your personal tastes thanks to these cookies.N In short, they are going to perform an action on your data.

So, we come to the important point.

There are laws to regulate cookies in the European Union.

The more general GDPR law is based on the fundamental rights of individuals to privacy in all areas and seeks to protect the user. It is the one that obliges companies to clearly and explicitly show what functions these cookies have and to give the option to configure them according to the GDPR cookie consent.

The ePrivacy Directive, which is more specifically designed to protect privacy, reinforces Cookie Consent and electronic communications.

And hence the obligation for websites to inform and give the option to consent or not to the cookies that are used while browsing the site by means of a cookie consent banner.

Hence the question:

What are the GDPR cookie consent requirements?  

Consent must be given in a freely, specific, informed and unambiguous manner, by means of a request presented in clear and plain language. Consent must be expressed by an affirmative act. It must also offer the possibility to withdraw consent.

There are two essential requirements that websites must always display:

Information must be provided, whether functional cookies are used for better navigation of the website or cookies are used for analytics, marketing, personalisation...

User must be given the option to accept, reject or configure cookies.

Here is a cookie consent example based on the requirements that the banner must meet to comply correctly with the General Data Protection Regulation and cookie control:

  • Initial banner visible to the user that allows the user to accept, reject or configure cookies.                    
  • Link in the banner to the privacy and cookie policy.                                                   
  • Give the option to accept functional cookies, which are necessary for the optimal functioning of the website.
  • Allow to accept or reject third-party cookies on an individual basis.                                    
  • Specify the end of the acceptance of cookies, which by law is 24 months maximum.

Now we enter another area...

We have talked about what cookies are and what they show about us, how companies must do the job of consenting to cookies on their websites according to EU law in order to respect the privacy of users in the digital environment. And of the example and requirements in the consent information banner.

It is now time to talk about companies that have their headquarters outside the European Union, even though they target users within the EU, as is the case of Google. They must apply European laws, but they find a way to measure conversions even if the user has not given consent. 

We are talking about Google Content Mode. A tool that allows advertisers in theEU and the UK to obtain certain information from users who visit a website in compliance with the GDPR law.

This consists of measuring conversions while respecting user privacy, striking a balance between advertising and compliance with data privacy law.

Making user data anonymous if they choose to do so by rejecting cookies, measuring conversions without personal data that allows remarketing, and filling in the measurement gaps with machine learning.

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Here is an example:

When a user accesses a website, a banner appears to accept or reject cookies. With google consent mode active, we can see what action the user has taken, whether they have accepted or not.

  • If he/she has given consent, the conversion report will be the usual one.
  • If he/she has not given consent, Google tags will only measure conversions and will not use the information for advertising purposes.

With this tool, what Google is doing is adjusting the behaviour of the tags installed on the website, depending on whether or not cookies have been accepted. But without blocking any tags already present on the website, they will always be executed, regardless of what the user says. 

What this tool will do is that the same tag will send a signal if the user has accepted the cookies or not. 

This way, the user's privacy is protected and we can obtain relevant data for the management of Google Ads campaigns. It is compatible with Google Analytics, but in this case, when no consent is given, some functions such as remarketing are disabled.

This is the theory of how Google Analytics Consent Mode works. In another article you will find out how Google Consent Mode actually works.

Later on we will show you how to work without violating user privacy.

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