Protect your website in 2024: 8 GDPR rules on cookies

GDPR cookies: introduction

In 2024, compliance with the GDPR 's data protection requirements remains an unavoidable imperative for all website publishers, whether commercial, educational or informative. Regulatory authorities, notably the CNIL (National Commission for Information Technology and Civil Liberties)are stepping up their vigilance with regard to cookie compliance .

The aim of these regulations is to guarantee transparency, provide a framework for data processing, and protect users by giving them full control over their choices.

These obligations include obtaining users' prior consent , publishing a cookie policy, and allowing them to modify their preferences as easily as they have accepted them.

Cookies, also known as tracers, are essential tools in the digital ecosystem. They play a key role in personalizing online experiences, optimizing the performance of communication services, and collecting valuable data to better understand a site's audience.

There are three main types of cookies: functional cookies, which enhance the user experience by remembering preferences; analytical cookies, which provide insights into site usage; and advertising cookies, which target users with personalized ads.

However, the use of cookies must be strictly framed by respectful, GDPR practices. This article details 8 fundamental rules to ensure your website is compliant, reduce the risk of fines, and strengthen the relationship of trust with your users.

1. Obtain prior consent from users for the deposit of advertising and statistical cookies
Obtaining prior consent from users is one of the GDPR 's major obligations for framing the deposit and management of cookies. This rule concerns all non-essential cookies, such as advertising cookies, social network cookies, or those intended for statistical analysis. According to the CNIL (National Commission for Information Technology and Civil Liberties), these cookies can only be activated after obtaining the user's explicit consent. This ensures that data processing is carried out in a compliant and respectful manner.

Consent must meet several criteria. It must be free, which means that users must be able to refuse cookies without being pressured or restricted in theiraccess to the service. It must be informed: users must receive precise information on the purposes of cookies, the third parties involved, and the data collected. Finally, it must be explicit, which implies a voluntary action, such as clicking on an "Accept" button.

Failure to comply with these obligations can expose data controllers to financial penalties of up to several million euros. By complying with these criteria, you ensure the protection of user data, while reinforcing the credibility and ethics of your site.

2. Use a clear, transparent cookie banner on your website to gather consent
The cookie banner is the gateway to your website, and plays a key role in compliance with CNIL (National Commission for Information Technology and Civil Liberties) requirements. From the very first visit, this banner must offer clear options for accepting, refusing or personalizing cookies. These choices must be presented fairly, with "Accept" and "Decline" buttons identical in design, to avoid any influence on users.

The banner should also include a link to a full cookie policy or summary. This document, essential for transparency, should explain why cookies are used, how long they are Data retention, and which third parties may access the data collected. For example, sharing buttons or social network cookies often require specific authorizations, as they involve tracers that collect information beyond your site.

Please note that the user experience must remain fluid: the banner must not disrupt navigation or hinder content accessibility. By complying with these rules, site publishers can guarantee their visitors total control over the content of the data collected.

3. Publish a complete and accessible cookie policy

A cookie policy is an essential document to ensure your site's compliance with GDPR obligations. The purpose of this document is to explain clearly and in detail how data collected via cookies is used and processed. Site publishers must ensure that this policy is easily accessible, ideally via a permanent link located in the site footer.

A well-written policy should include several elements: a definition of cookies, their types (advertising, analytical, functional), their purposes, and their Data retention period. It should also specify the new Purpose of each cookie, if this evolves, as well as the third parties involved in data processing, such as services like Google Analytics or Facebook Pixel.

Finally, the policy should include information on user rights, such as the ability to modify preferences or withdraw consent at any time. This level of transparency reinforces data protection and demonstrates your site's commitment to ethical practices.

4. Renew the cookie consent form every 6 months

Gathering consent is not a one-off act. According to the CNIL (National Commission for Information Technology and Civil Liberties), it must be renewed every six months to ensure that users' preferences remain up to date. This involves re-displaying the cookie banner, allowing users to reconfirm or modify their choices.
This process can be automated using consent management platforms (CMPs), which store and secure consent data. This ensures that your site remains compliant while offering increased transparency. Periodic renewal also shows that you respect users' rights, reinforcing the trust and loyalty of your audience.

5. Allow users to modify their choices at any time

The GDPR requires online communication services to offer users the opportunity to change their preferences at any time. This functionality must be as simple as the initial acceptance of cookies, ensuring fair and accessible management.

To meet this requirement, your site must include a preference manager accessible via a permanent link. Users should be able to adjust their settings, withdraw their consent or refuse certain cookies with the same ease as their initial agreement.

6. Consent banner design: ensuring fair choice

The design of the cookie banner is a crucial element in guaranteeing your site's compliance with GDPR and the requirements of the CNIL (National Commission for Information Technology and Civil Liberties). It's not simply a matter of displaying an informative message, but of ensuring that users can exercise their choice in a free, informed and fair manner. An inappropriate design, which implicitly favors acceptance of cookies over refusal, may be considered as manipulation and lead to sanctions.

To guarantee truly explicit consent, accept and decline buttons must be identical in size, color and style. Any visual difference likely to influence the user, such as an "Accept" button that is larger or more visible than the "Reject" button, is strictly prohibited. This fair presentation ensures that the user is not indirectly pressured into making a choice.

The information displayed on the banner must also be clear and comprehensible, without resorting to technical jargon that could confuse the user. For example, instead of complex terms such as "third-party files", use simple formulations explaining the concrete implications of cookies. This makes it easier for the user to understand the consequences of each decision.

By adhering to these design principles, you ensure a free and fair choice, in compliance with the GDPR.

7. Keep documents proving consent in the event of an inspection by the CNIL (National Commission for Information Technology and Civil Liberties)

Data protection requires traceability of consent obtained. Data controllers must keep evidence of the choices made by users, including the date and time of consent.

This data, securely stored, is used to demonstrate compliance in the event of an inspection by the CNIL (National Commission for Information Technology and Civil Liberties). Consent management platforms automate this process, ensuring complete traceability and centralized evidence management.

8. Conduct regular audits to ensure your website is compliant

Regular audits are essential to keep your website in line with the changing rules imposed by the CNIL (National Commission for Information Technology and Civil Liberties). These audits enable us to check that your cookie deposit, cookie policy and consent management tools comply with current standards.

By carrying out periodic audits, you can identify potential loopholes and adapt your practices. This protects you from financial penalties, while consolidating the trust of your audience.

GDPR cookies: conclusion

Respecting cookie consent rules in 2024 is essential to ensure your site's compliance and avoid significant fines. By implementing these 8 practices, you protect users' rights, improve their experience on your site, and position yourself as a responsible player in the digital ecosystem. Data protection, transparency and ethical cookie management are no longer options, but requirements for all modern websites.