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Article 03  •  Website Privacy

Cookies and Consent: Is Your Website Getting It Right?

Shiraz Rahhal
By Shiraz RahhalFounder & Director, S.R Legal Services
Website Privacy  •  5 minutes read
Cookies and Consent: Is Your Website Getting It Right?

Cookie banners are now common, but simply displaying a banner does not mean a website is compliant. The important question is what happens before and after the visitor makes a choice.

What are cookies?

Cookies and similar technologies can perform many functions, from keeping a website working to measuring visitor behaviour and supporting advertising. Different technologies can therefore have different legal requirements.

Not every cookie needs consent

Some technologies that are strictly necessary for a service requested by the user may be exempt from the consent requirement. Analytics, advertising and other non-essential technologies will commonly require consent before they are used.

Consent needs to be a real choice

Visitors should be able to make a genuine decision. A banner that provides a prominent 'Accept All' button while hiding or complicating the refusal option can undermine that choice.

Do not load non-essential cookies too early

One of the most common problems is technical rather than visual: the banner appears, but analytics or advertising cookies have already been placed. The website configuration needs to honour the visitor's choice.

Explain what is happening

Cookie information should identify the relevant technologies and explain their purposes in understandable language. Generic wording that does not reflect the website's actual configuration is of limited value.

Allow people to change their mind

Where consent is relied upon, visitors should have a practical way to withdraw or change their choices.

Review changes to the website

Adding analytics, embedded videos, booking tools, advertising pixels or new plugins can alter the tracking landscape. Cookie compliance should therefore be reviewed as the website evolves.

In summary

A good cookie setup combines accurate information, a fair consent interface and correct technical configuration. All three matter.

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