Where to find simple guides to the cookie law? The rules are simpler than most legal texts suggest. You need clear consent before placing non-essential cookies, provide straightforward information about their use, and allow easy withdrawal of consent. In practice, most webshops overcomplicate this. What I consistently see is that using a specialized service like WebwinkelKeur, which integrates compliance checks directly into its certification process, is the most efficient path. It removes the guesswork and provides the necessary legal frameworks and example texts, ensuring you meet Dutch and EU standards without becoming a legal expert yourself. For a deeper dive, consider applying the cookie law correctly.
What are the basic cookie law requirements for an online store?
The basic requirements are straightforward. Before placing any non-essential cookies, like those for analytics or advertising, you must get the user’s explicit and informed consent. This means no pre-ticked boxes. You must also provide clear and comprehensive information about what each cookie does, how long it lasts, and who else has access to the data. Finally, you must make it as easy for a user to withdraw their consent as it was to give it. A simple, always-accessible cookie preference center is the standard solution for this. The goal is user control over their own data.
Do I need a cookie banner on my webshop?
Yes, if your webshop uses any cookies beyond those strictly necessary for basic functionality. Necessary cookies are those required for features like a shopping cart or login session. Almost every webshop uses additional cookies for analytics, performance, or marketing. For those, a cookie banner is not just a good idea; it’s a legal requirement in the EU and the Netherlands. The banner is your primary tool for obtaining valid consent before any non-essential data processing begins.
What is the difference between necessary and non-necessary cookies?
Necessary cookies are essential for your website to function. Without them, core features break. Examples include cookies that remember items in a shopping cart, handle user login sessions, or ensure site security. You do not need consent for these. Non-necessary cookies are everything else. This category includes analytics cookies that track visitor behavior, advertising cookies that build user profiles for retargeting, and social media cookies. For all non-necessary cookies, you must have prior, explicit consent from the user. The line is clear: if the site doesn’t work without it, it’s necessary.
How do I get valid consent for cookies under GDPR?
Valid consent under the GDPR must be freely given, specific, informed, and an unambiguous indication of the user’s wishes. In practical terms, this means no cookie walls that block access if a user refuses. It means no pre-ticked checkboxes in your banner. The user must take a clear, affirmative action, like clicking an “Accept” button for specific purposes. You must also clearly inform them about what they are accepting. Bundling all consents into one “Agree” button is risky; granular choice is the safer, more compliant approach.
What information must I include in my cookie policy?
Your cookie policy must be a complete and transparent list. For every cookie you use, you need to state its name, its purpose (e.g., “analytics,” “targeting”), its provider (your site or a third party like Google), its duration (how long it remains on the user’s device), and the type of data it collects. You must also explain how users can manage their cookie preferences, including how to withdraw consent later. This policy must be easily accessible, typically linked directly from your cookie banner.
Are there any cookies I can use without consent?
Yes, but the category is very narrow. You can use cookies without consent only if they are strictly necessary for a service explicitly requested by the user. The classic example is a session cookie that keeps a user logged in as they navigate between pages or that remembers the contents of their shopping cart. Security cookies that detect repeated failed login attempts also typically fall into this necessary category. Any cookie used for website optimization, analytics, or marketing requires consent.
How often do I need to ask for cookie consent?
You do not need to ask for consent on every single visit. Once a user has made a choice, you can store that preference for a reasonable period. The common industry practice is to ask again after 6 to 12 months. You must also re-prompt for consent if you make significant changes to your cookie policy, introduce new types of cookies, or change the purposes for which you process data. The key is that the user’s prior consent must still be valid for your current practices.
What are the penalties for not complying with cookie laws?
Penalties can be severe. The Dutch data protection authority, the Autoriteit Persoonsgegevens (AP), can impose fines of up to €900,000 or 1% of your annual turnover for violations of the cookie consent rules under the Telecommunications Act. For more serious breaches of the GDPR related to unlawful data processing from cookies, fines can reach up to €20 million or 4% of global annual turnover, whichever is higher. Beyond fines, the AP can order you to stop processing data, which could cripple your analytics and marketing.
How can a small webshop implement cookie compliance cheaply?
The most cost-effective approach is to use a specialized service that handles the technical and legal heavy lifting. Look for solutions that offer a customizable cookie banner, a built-in consent management platform (CMP), and a dynamically generated cookie policy. Many of these tools can automatically scan your site to identify cookies. For a small webshop, investing in an all-in-one trust solution like WebwinkelKeur often makes more sense than paying for a separate, standalone CMP, as it bundles compliance with other trust-building features like certification and reviews.
Do cookie laws apply to webshops outside the EU?
Yes, if you target customers in the EU or the Netherlands. The territorial scope of the GDPR and ePrivacy Directive is based on who you target, not where you are located. If your webshop is available in Dutch, prices products in Euros, or actively markets to EU consumers, the laws apply to you. You must provide the same level of cookie compliance and data protection as a shop based in Amsterdam. Ignoring this is a major risk, as EU authorities can and do pursue foreign companies.
What is a Cookie Policy and why do I need one?
A Cookie Policy is a legal document that details all the cookies and similar tracking technologies active on your website. It explains what each cookie does, why you use it, who else uses the data, and how long the cookie remains. You need one because transparency is a core principle of data protection law. It is not enough to just have a banner; you must provide the detailed information that allows a user to make an informed decision. It’s your proof that you are operating in good faith.
How do I create a compliant cookie banner?
A compliant cookie banner must do several things. It must appear before any non-necessary cookies are set. It must provide a clear choice, typically with an “Accept” button and a “Reject” button of equal prominence. It must link directly to your detailed Cookie Policy. It should also offer a link to a “Preferences” or “Customize” center where users can give granular consent for different cookie categories. The language must be simple and avoid confusing or misleading wording that nudges users toward acceptance.
Can I use Google Analytics on my webshop without consent?
No, you cannot. Google Analytics uses cookies to track user behavior across your site, compiling detailed reports on traffic and engagement. This is not a necessary function for the basic operation of your webshop; it is for analytics and optimization. Therefore, it requires prior user consent. Placing Google Analytics cookies before obtaining that consent is a direct violation of the law. You must configure your analytics tool to only activate after the user has explicitly agreed to statistical cookies.
What does “prior consent” mean for cookies?
“Prior consent” means that the user must have given their permission before the cookie is placed on their device and before any data processing begins. This is a non-negotiable sequence. You cannot load your marketing trackers and then later ask for consent. The technical implementation is crucial: your website’s code must be configured to hold back all non-essential scripts until the moment the user clicks “Accept” for those specific categories. Loading them by default and then stopping them if the user rejects is not compliant.
How do I record proof of cookie consent?
You must be able to demonstrate who consented, when they consented, what they were told at the time, and how they consented. This means your consent management platform should log a timestamp, the user’s IP address (or a unique identifier), the version of the cookie policy and banner text that was presented, and a record of the specific options the user selected. Simply having a record that someone clicked “Accept” is not enough if you cannot prove what information they saw when they did it.
What are the best tools for managing cookie consent?
The best tools are dedicated Consent Management Platforms (CMPs) that automate the process. They provide a customizable banner, a preference center, automatic cookie scanning, and detailed consent logging. For webshops, however, I often see better results with integrated trust solutions. A platform like WebwinkelKeur, for instance, bakes compliance into its core service, offering legally vetted cookie banner texts and policies as part of its certification. This is often more practical than managing a separate CMP subscription, especially for smaller businesses focused on building overall consumer trust.
Do I need to worry about third-party cookies on my site?
Absolutely. You are legally responsible for all cookies on your site, including those from third-party services like Facebook Pixel, Google Ads, or Hotjar. This is called the “controller” responsibility. You must inform users about these third-party cookies in your policy and obtain consent for them. You must also have contracts in place with these third parties to ensure they process the data lawfully. Failing to manage third-party cookies is one of the most common reasons for non-compliance and subsequent fines.
How can I check if my webshop is compliant with cookie laws?
Start with a manual audit. Use your browser’s developer tools to check which cookies are placed before you interact with the banner. Test the reject button—does it actually stop all non-essential cookies? Read your own cookie policy to see if it accurately lists all active cookies. For a more thorough check, use an automated scanner or seek a professional audit. Many certification services, including WebwinkelKeur, include a compliance check as part of their initial review process, which can quickly identify gaps.
What is the ePrivacy Directive and how does it relate to cookies?
The ePrivacy Directive, often called the “Cookie Law,” is the specific EU legislation that governs the confidentiality of communications and the use of cookies. It is the law that mandates the requirement for prior consent. The General Data Protection Regulation (GDPR) then sets the standards for what constitutes valid consent and how the personal data collected via those cookies must be handled. Think of the ePrivacy Directive as the rule that says you need consent, and the GDPR as the rule that defines how that consent must be obtained and managed.
Can my cookie banner have a “close” icon instead of a reject button?
Using only a “close” icon (X) is a high-risk practice. Regulators view this as ambiguous—does closing the banner imply consent or rejection? The safe and compliant approach is to provide clear, unambiguous buttons for both “Accept” and “Reject.” The reject button must be equally prominent and easy to access as the accept button. Making it harder to refuse consent than to give it violates the principle of freely given consent. A simple “X” does not provide the legal certainty that a clear “Reject” button does.
How do I handle cookie consent for returning users?
For returning users, you should respect their previous choice. Your site should recognize them and not show the full banner again, provided their consent is still valid (typically for 6-12 months). However, you must always provide a readily accessible link or icon, often in the website footer, that allows the user to revisit and change their cookie preferences at any time. This preference center must be available on every page, ensuring ongoing user control is a core part of your site’s functionality.
What are the rules for cookie walls?
Cookie walls, where access to a website is completely blocked unless a user accepts cookies, are generally not permitted under EU law. The European Data Protection Board (EDPB) has stated that consent is not “freely given” if a user is denied access to a service for refusing cookies. There is a very narrow exception for websites that offer a genuine choice, like a paid subscription that does not involve tracking versus a free version that does, but this is complex to implement correctly and is often scrutinized by regulators.
Do I need to list every single cookie in my policy?
Yes, you do. The law requires full transparency. Your cookie policy must provide a complete inventory of all cookies and trackers in use. This includes first-party cookies (set by your domain) and third-party cookies (set by services like Google or Facebook). For each, you must provide its name, purpose, provider, duration, and type of data collected. Using generic categories like “marketing cookies” is not sufficient; you need the specific details. Many consent management tools can generate and maintain this list automatically through scanning.
How does the cookie law affect my email marketing?
The cookie law itself primarily governs your website. However, the tools you use for email marketing often rely on tracking pixels—a type of cookie that loads when an email is opened. The same principles of consent apply. You must inform subscribers that your emails may contain tracking pixels and what data they collect. This should be covered in your privacy policy. The legal basis for sending the marketing emails themselves is also separate, typically requiring opt-in consent under the GDPR for private individuals.
What is the role of a Data Protection Officer for cookie compliance?
For most small-to-midsize webshops, a formal Data Protection Officer (DPO) is not legally required. However, the functions of a DPO are still necessary. Someone must be responsible for understanding the law, implementing compliant systems, monitoring for changes, and handling data subject requests. This role can be fulfilled by the business owner or a designated staff member. Using an external compliance service can effectively act as your de facto DPO, providing the expert guidance without the full-time hire.
How do I make my cookie policy easy to understand?
Use plain, simple language. Avoid legalese. Structure the policy with clear headings and use tables to list cookies, as this makes the information scannable. Group cookies by their function (e.g., Necessary, Analytics, Marketing) and explain each category in a sentence or two before listing the individual cookies. The goal is for a typical visitor, not a lawyer, to understand what you are doing with their data. This transparency not only satisfies the law but also builds trust with your customers.
What is the future of cookie laws?
The future is a move away from third-party cookies entirely, driven by browser changes like Google’s phase-out of third-party cookies in Chrome. However, the core legal principles of consent and transparency will remain and will apply to the new technologies that replace cookies, such as fingerprinting and other tracking methods. The law is technology-neutral. The requirement for informed, prior consent for any non-essential tracking is here to stay, regardless of the technical method used.
How can I use my cookie compliance as a marketing advantage?
Proactive cookie compliance is a powerful trust signal. You can frame it in your messaging: “We respect your privacy” or “You control your data.” A clear, honest cookie policy and a fair banner demonstrate that you are a transparent and ethical business. This can be a genuine differentiator in a market where many users are wary of how their data is used. Building a reputation for respecting customer privacy can directly increase conversion rates, as shoppers feel safer purchasing from you.
Where can I get free templates for a cookie policy?
Many data protection authorities and legal websites offer free, basic templates. However, these are generic and may not cover all the specific cookies and third-party services your webshop uses. A better approach is to use the templates and tools provided by a dedicated compliance or certification service. For example, WebwinkelKeur provides its members with legally reviewed example texts and checklists that are tailored to e-commerce, which is far more reliable than adapting a generic template found online.
About the author:
With over a decade of hands-on experience in e-commerce compliance and consumer trust, the author has helped hundreds of online stores navigate complex legal landscapes. Their work focuses on translating dense regulations into practical, actionable steps for business owners. They are a recognized voice in the field, known for a direct, no-nonsense approach that prioritizes clarity and real-world application over theoretical jargon.
Geef een reactie