What is GDPR, and why does it matter for websites?
GDPR is a European Union law that was designed to protect the privacy and personal data of users. It gives individuals more control over how their personal information is collected, stored, and used by websites and businesses.
GDPR applies to your website even if your website is outside Europe. This means, if you’re collecting any kind of personal data (like email addresses, names, or even cookies), you must comply with GDPR.
The GDPR helps in respecting privacy and building trust with your audience. In case you violate it, you will be paying a fine of about 4% of your annual global turnover or €20 million.
What are cookies? How do they impact privacy?
Cookies are small text files that websites place on a user’s device to store information. This could be anything from login details to tracking information for analytics or marketing purposes.
There are two types of cookies
Essential cookies: These cookies are necessary for the website to function. For example, cookies that remember the items in your shopping cart or keep users logged in.
Non-essential cookies: These cookies are used for analytics, advertising, and tracking user behavior across websites. They help you understand user interactions with your site, but they require user consent under GDPR.
The issue with third-party cookies is that they can track users across different websites, creating privacy concerns. This is why users need to opt in (give consent) before non-essential cookies are placed on their devices.
What is cookie consent? What does it mean for your website?
Cookie consent is a legal requirement under GDPR, meaning websites must obtain explicit user permission before placing non-essential cookies. This includes cookies used for analytics, advertising, or user tracking.
How does the cookie consent work?
Visitors must be informed about what cookies will be used and how they will affect their privacy. Then you give them an option - either to opt in or opt out.
GDPR and cookie consent requirements for website owners
Display transparent information: Clear information about why the information is taken must be easily accessible via a cookie policy. You must clearly explain which cookies are being used, why they are being used, and what data is being collected.
Ask for their consent: The users must read and agree to what they are consenting to. Consent cannot be assumed with pre-ticked boxes. Visitors must actively opt in to cookies before any non-essential cookies are placed.
Respect their consent withdrawal: Users must be able to withdraw their consent at any time, and it should be as easy to do so as it was to provide consent. This helps ensure compliance with GDPR, which requires businesses to respect user preferences.
Let users manage cookie consent: Allow users to manage their cookie preferences easily. They can have options to select the essential cookies and deny the non-essential ones. Or this can be vice versa. They can choose both, so this freedom of choice must be given to them.
How to set up GDPR and cookie consent on your website?
Step 1: Set up a cookie banner.
Design a cookie consent banner that appears when users visit your site. It should provide a clear option to accept or reject cookies, with links to the cookie policy and privacy policy.
Step 2: Build a clear cookie policy.
Draft a clear and detailed cookie policy that outlines the cookies used on your site. This can outline the cookies used on your site, their purpose, and how users can manage them. The policy should be easily accessible from the banner or footer.
Step 3: Allow the users to manage their cookie preferences
Give users the ability to manage their cookie preferences. This feature should allow them to choose which types of cookies they want to accept or reject.
Step 4: Save the records of consent.
Safely store records of user consent to ensure you can prove compliance if necessary. This should include the type of consent given, the date, and the specific cookies accepted.
Step 5: Keep reviewing and updating the policy
Cookie laws and privacy regulations can change, so it's important to regularly review and update your cookie policy and consent mechanisms to stay compliant with GDPR.
Understanding cookie consent and GDPR compliance isn’t just about avoiding penalties. It is about respecting user privacy and building trust with your audience. At WEMASY, we provide easy-to-use tools and templates to help you comply with GDPR requirements. From cookie consent banners to cookie policy templates, we offer everything you need to ensure that your website is GDPR-compliant. For more on protecting your brand legally, read our blog on what copyright is and how to use content legally. You can also learn about SSL certificates and why your website needs one. For the full picture, read our pillar guide on what a website is and why you need one.
Frequently asked questions
Does GDPR cookie consent apply to websites outside Europe?
Yes. If your website collects data from visitors located in the European Union, GDPR applies to you regardless of where your business is based. If anyone from an EU country visits your site and you track their behavior with cookies, you need to comply with GDPR cookie consent requirements.
What happens if my website does not have a cookie consent banner?
You risk fines from data protection authorities. GDPR penalties can reach up to 4% of your annual global turnover or €20 million, whichever is higher. Beyond fines, visitors may lose trust in your brand if they see no effort to protect their privacy. A missing cookie banner is one of the most common compliance mistakes.
What is the difference between essential and non-essential cookies?
Essential cookies are required for your website to function, like keeping users logged in or remembering items in a shopping cart. Non-essential cookies track behavior for analytics, advertising, or personalization. Under GDPR, essential cookies do not need consent, but non-essential cookies require explicit opt-in from the visitor before they are placed.
Can visitors change their cookie preferences after accepting?
Yes, and they must be able to. GDPR requires that withdrawing consent is as easy as giving it. Your website should include a way for visitors to revisit their cookie preferences at any time, usually through a link in the footer or a settings page. This keeps your site compliant and shows respect for user choices.
Do I need a separate cookie policy page?
Yes. Your cookie banner should link to a detailed cookie policy that explains which cookies your site uses, what data they collect, how long they last, and who has access to that data. This page is separate from your privacy policy and gives visitors full transparency about your cookie practices.
Does WEMASY help with GDPR cookie consent setup?
Yes. WEMASY provides cookie consent banner templates and tools to help you set up compliant cookie notices on your website. You can configure which cookies require consent, customize the banner design, and link to your cookie policy, all from the website builder without needing any code.
