How Compliant A Cookie Banner Must Be
Management Summary
The use of “nudging” and “dark patterns”, i.e. strategies to influence a visitor to a website when selecting the cookie settings for their own advantage, is often knowingly accepted, but clearly violates current case law.
The design of obtaining consent from website visitors with a cookie banner is defined by the GDPR and specified by judgments. However, many website operators don’t take it very seriously when it comes to implementation. The association NOYB, founded by the well-known data protection activist Max Schrems, says there must be a YES and NO button and has sent over 500 warnings to large companies and announced complaints to national data protection authorities in the event of non-compliance. Automated analysis is used to examine massive amounts of websites. Thus, it is likely that over time any poor solutions will be noticed. Even if NOYB has no financial interests, unpleasant consequences can still arise.
Our consent experts recently highlighted their experiences from daily consultation at the Google Analytics Conference, how important the right strategy is in consent management and presented secure solutions.
Data for marketing purposes is essential. As a data-driven company, we see the key to secure marketing in correctly obtaining consent for data processing and opt-in optimization. We support our customers in finding the best possible set-up and using proper consent management to enable trustful and transparent communication with the customer on an equal footing.
Our Whitepaper clarifies what you should consider, which Consent Management platforms and tools are helpful for implementation and how Opt-In optimization and A/B tests help to achieve your goals. If you are unsure whether your website is GDPR compliant, our Consent Management Audit is the best place to start.
