Why cookie legislation is crucial for your business
With concerns about data privacy on the rise, cookie laws have become a must for companies with websites. Whether you're an SME or a large company in Belgium, complying with cookie laws is not only a legal obligation, it's also a way of building trust with your users.
In this article, we explore the essential rules, such as the RGPD and ePrivacy Directive, and best practices to ensure your website is compliant.
Understanding cookie laws
The regulations on cookies are based mainly on two legal frameworks:
- RGPD (General Data Protection Regulation):
- This European regulation requires companies to collect and process personal data transparently, fairly and securely.
- The directive ePrivacy (or Directive on privacy and electronic communications):
- This directive specifically governs the use of cookies, and requires the user's informed consent prior to their installation.
Legal obligations of companies
For your website to comply with the legislation on cookies, you must :
- Obtaining informed consent :
- Before installing non-essential cookies (advertising, analytics, etc.), you must obtain the user's explicit consent.
- Informing users:
- Clearly explain the types of cookies used, their purpose and the data retention period.
- Preference management :
- Allow visitors to choose the categories of cookies they accept or reject.
- Offer a withdrawal option:
- Users must be able to modify or withdraw their consent at any time.
- Update cookie policy :
- Your documentation must accurately reflect the current use of cookies on your site.
Types of cookies according to legislation
Legislation distinguishes between several types of cookies:
- Essential cookies :
- Necessary for site operation, they do not require consent (e.g. authentication, shopping cart).
- Analytical cookies :
- Used to collect data on site usage. Requires consent if personal data is processed.
- Advertising cookies :
- Help deliver targeted ads. Always subject to prior consent.
- Third-party cookies :
- Placed by external services such as Google Analytics or Facebook Pixel. Subject to the same rules of consent.
Best practices for complying with cookie laws
- Setting up a cookie banner :
- Display a banner as soon as the user arrives on the site, with clear options for accepting or rejecting cookies.
- Use consent management tools :
- Solutions such as Cookiebot or Axeptio facilitate the collection and management of consent.
- Perform a cookie audit :
- Identify all the cookies used on your site and their compliance with legislation.
- Limiting third-party cookies :
- Avoid setting cookies from external services unless absolutely necessary.
- Keep your users regularly informed:
- Highlight your commitment to protecting their data.
The risks of non-compliance
Failure to comply with cookie laws may result in :
- Financial penalties :
- Fines of up to 20 million euros or 4 % of annual sales.
- Damage to your reputation:
- Suspicious users may turn away from your site or services.
- Loss of confidence :
- Poor data management can damage your relationship with your customers and partners.
- Legal risks :
- You expose your company to complaints or investigations by regulatory authorities.
How Webiphi can help you stay compliant
- Complete audit of your website:
- We analyze your cookies and identify areas for improvement to ensure compliance.
- Implementation of consent tools :
- Webiphi configures and integrates customized solutions for collecting and managing consents.
- Update your cookie policy :
- We draw up a clear and comprehensive policy tailored to your company.
- Training your teams :
- We make your employees aware of the importance of cookie laws and their impact.
- Continuous support :
- Webiphi can help you monitor changes in the law and adapt your site accordingly.
Conclusion
Cookie laws are a challenge for businesses, but they also offer an opportunity to improve transparency and user confidence. By working with Webiphi, you can ensure that you comply with all legal requirements, while offering an optimal user experience.
Contact Webiphi today for a free site audit and customized compliance solutions.
