When you are browsing the Internet, there is one click you have to do before reaching the content you are really looking for – the famous “accept cookies” button.
However, a new guide on how to collect consent for cookies may change how we will collect data in the future as well as how the cookie banners will look.
Since December 2011, all countries within the EU have had to enact a law requiring informed consent from visitors on a webesite before companies can install cookies. The Danish Business Authority made a guide in December 2011, which was updated in 2013. This guide has not been updated since, until now.
In the beginning of 2020, there was a great discussion on the Cookie Law, and due to numerous complaints to the Danish Data Protection Agency, new rules have now been made. The new rules may affect the way companies collect data from their visitors. You can read more about the case here.
At Twentyfour (formerly HTML24), we have thought of cookies as somewhat of a grey area. it has generally been difficult to decode what is the right and wrong way of using cookies, and there have not been any real information on what the consequences are if using cookies incorrectly. However, now it finally seems that the consequences for breaking the rules will be clarified.
As an example, the cookie banner on e.g. Facebook and Twitter is in itself in breach with the newest edition of the rules on cookies.
The two most important take aways from the new cookies law
The Danish requirements on collecting informed consent are now amongst the toughest in Europe and will change an entire industry’s way of collecting personal data. However, the Cookie Law will benefit users through these two important points:
- Websites must allow users to decline cookies and data collection. It must be as easy to say no as it is to give consent.
- Websites must obtain informed consent from visitors before storing cookies on computers/smartphones.
The updated Cookie Law applies to all cookies, except technically necessary cookies. The reason for this is that technically necessary cookies do not collect your visitors’ personal information, such as shopping cart cookies and login cookies do.
This means that if your business uses statistics cookies and/or marketing cookies on its website, such as Google Analytics and Facebook Pixel, you will need to obtain informed consent from all of your visitors, through which they have the opportunity to say yes or no to statistical and/or marketing cookies.
Borger.dk is one of the websites that uses the technically necessary cookies. For example, if you click no to cookies, the website will remember that you have clicked “no thanks” to cookies in the past. In addition, we found Borger.dk to be the site with the most user-friendly cookie banner, making it easy to say “no thanks” to statistical and marketing cookies.
DR.dk is a similarly good examples on cookies that are in compliance with the new rules.
Moreover, DMI has also changed its cookie banner following some harsh criticism from the Danish Data Protection Agency. Now, it has become much easier for users of DMI to say “no thanks” to being commercially tracked, which is a positive step.
7 step guide on collecting consent
We, at Twentyfour, have shortened the guide from a 18 pages long guide from the Danish Data Protection Agency to 7 important bullet points:
- You must collect informed consent
- The consent has to be specific and the company must state the specific purpose of the data collection
- The consent must be informative. This means that visitors need to know who is collecting the data and why
- The consent must be activeley given
- Users must be able to deny cookies
- Users must be able to withdraw the consent – and it has to be as easy to withdraw as it was to give the consent
- You must be able to document all of your consents
We hope that you have gained some knowledge on collecting consent from cookies. If you need assistance with checking your cookie condition and/or recommendations for correcting it – please feel free to contact us on either our mail: firstname.lastname@example.org or give us a call on: +45 4241 6160