Published in November 2021, this article explains what cookies are, how they function, and the legal framework governing their use on websites.
What Are Cookies?
Cookies are small text files that install on a user’s web browser (Safari, Explorer, or others) when visiting a website. This installation occurs silently, often without the user’s awareness. Cookies vary by duration of action, origin, and purpose.
Types of Cookies
The first cookies developed were technical in nature, designed to improve user experience and simplify navigation on websites. As technology advanced, cookies became more complex and powerful. Statistical cookies allow site managers to gather information about user behaviour and engagement with content, enabling them to provide increasingly relevant material to their audience. Profiling cookies differ from technical and statistical cookies by collecting sensitive data, which requires user consent before collection.
Cookie Policies and Consent
A cookie policy specifies which cookies will be installed if a user accepts them. Technical and statistical cookies do not require user consent, as the data they collect is not classified as sensitive. Profiling cookies, by contrast, require explicit acceptance of privacy policies. Under GDPR, consent must be voluntary, informed, specific, and unambiguous.
A cookie banner is a text box appearing when a website opens, containing a summary of the cookie policy and a link to full information. The banner must be visible without unduly disrupting navigation. Third-party cookies are those present on a website but owned by external content shared there—for example, YouTube videos embedded on other sites carry their own cookies.
Frequently asked questions
Do all cookies require user consent?
Technical and statistical cookies do not require consent because they collect non-sensitive data, while profiling cookies that collect sensitive information require explicit user acceptance under GDPR.
What is a cookie banner?
A cookie banner is a text rectangle displayed when a website opens, summarising the cookie policy with a link to complete information, and must be sufficiently visible without disrupting navigation.
What are third-party cookies?
Third-party cookies are present on a website but owned by external content hosted there, such as embedded YouTube videos that carry their own tracking cookies.
