According to EU regulations, a cookie policy and a compatible banner are mandatory elements. Furthermore, in recent years, European supervisory authorities increased enforcement against European businesses that violate the e-Privacy directive (the European legislation that regulates the obligation to cookie use transparent) & the GDPR (article 22).
There is no legal obligation to publish a cookie policy in North America. However, the recommendation is that businesses that want to increase the value of their product should reflect for the customer all data collection methods, including the use of cookies.
From a consumer-facing point of view, businesses should act and strive to implement a cookie policy and appropriate pop-up banners to increase customers’ trust.
Six recommended steps to ensure that the cookie and banner policy is fully adapted to the business’s platform:
1. Visibility
visibly place the cookie policy link, and allow your customer to identify the cookie policy (on each page).
2. Cookie banner
A good banner should allow the customer to reject the collection of cookies in exactly the same way that she/he can confirm their collection, in a prominent and equal way. Use the same font and the same design.
Example:
3. Notice at Collection
The cookie banner must appear prominently on the landing page so the customer can choose his preferences by himself.
4. Customer’s choice
The cookie banner must not deter the customer from continuing to browse the site. Remember to leave the choice with the customer. Otherwise, this may be considered a manipulation of his preferences.
5. Adjustment according to the business activities
a cookie policy document is not a copy-paste template. Each cookie document should reflect all the cookies used by the business. Invest in the preparation of a policy document adapted to the business. What cookies do you use? List the types of cookies themselves.
6. Opt-out
place an opt-out button in a prominent and clear place, allowing the customers, at any given moment, to choose whether to withdraw their consent.
