Cookie consent
What you need to know about cookie consent
We have taken a closer look at the Erhvervsstyrelsens' guide to the current cookie executive order from 2011 and found some important clarifications
The new guidelines clarify what options users should have to opt out of having their behaviour on a website recorded via cookies for use in statistics and marketing activities. This means that requirements for how website owners handle cookie consent have been tightened, and many websites no longer comply with the current guidelines.
What is a cookie?
A cookie is a small data file that is stored on a user's computer, tablet or smartphone when they visit a website. A cookie can then collect information about what pages they visit, what articles they read and what they buy.
What's new?
There is now a greater distinction between different types of cookies, and the requirement for consent and information is linked to the purpose that the data collection is used to fulfil.
In concrete terms, this means:
- Technical cookies that are intended to ensure the functionality of the website or that users remain logged in are NOT covered by the requirement for active consent from the user.
- It must be possible to give and withhold cookie consent and the associated information on a specific type of cookie. For example, it must be possible to give consent to statistics cookies and at the same time waive consent to marketing cookies.
The 4 different types of cookies you should stick to are
Technical cookie
Ensures that websites work and that users stay logged in. For example, it remembers what a user has put in their shopping basket on the webshop.
Statistics cookie
Used to optimise the design, usability and efficiency of a website. For example, by collecting visitor statistics as we know from Google Analytics.
Personalised cookie (Tracking cookie)
Collects our digital footprints and what the user is interested in. The collected knowledge is used to personalise the content on the website.
Marketing cookie (Tracking cookie)
Collects our digital footprints and what the user is interested in. The information collected is used to show personalised ads to the user when they browse the web.
What does a consent definition cover?
"A freely given, specific and informed expression of will"
This definition means that phrases such as "By using this website, you agree to our use of cookies" no longer fulfil the requirements and data is collected on an illegal basis. Similarly, a pre-ticked consent box will not constitute valid consent.
Information requirements
Users must be able to give their consent on a qualified and informed basis. This means that the user must know:
- who is behind the individual cookies - also 3rd party cookies
- for what purpose the information is collected
- how long each cookie is installed on the user's device
Changing and revoking consent
Users must be able to easily change their cookie consent or withdraw consent. Therefore, instructions to the user on how to delete cookies in their browser settings are not sufficient.
A recent decision from the Danish Data Protection Agency and the Danish Data Protection Agency has established that a consent button and a link to a page where you can change your preferences is not sufficient. In the same context as the consent button, there must be an option to say no thank you.
What are the consequences of the changes?
Users will have easy and direct access to opt out of cookies in the future, and we can assume that many will take advantage of this option. This will affect the many companies that use user data in their online marketing to target their advertising.
In terms of the user experience, we also see some challenges because certain third-party functionalities, such as playing an embedded YouTube video, are dependent on prior consent for the use of marketing cookies.
Going forward, many companies - including ourselves - will need to find new and effective ways to overcome these challenges in order to meet user demands for transparency and the right to opt-in without compromising the user experience.
Read more in these articles
The Danish Data Protection Agency's decision in the case against DMI
The Danish Agency for Digitisation's cookie guide
You can read the current executive order at retsinformation.dk
Do you need our help with your cookie consent setup?
Service & Support Manager