As we all know, cookies are the tool through which information entered into the browser is recorded when visiting a website. Each cookie holds different data, such as the name of the server it comes from and a numerical identifier. However, what exactly are profiling cookies, and how are they managed legislatively by data protection regulations? Let’s find out together!
The so-called “profiling cookies” are commonly used to monitor (and profile) users during their browsing, examining their movements and browsing habits or consumption patterns. Given their particular invasiveness, it makes sense to question what the legislative guidelines on GDPR and cookies are.
The fundamental principle underlying the relationship between GDPR and cookies is that users must be properly informed about the use of cookies and must be free to give (or deny) their valid consent (for the cookies to be placed on their device).
Regarding personal data protection, it is stated that “when accessing the homepage or another page of a website that uses cookies for profiling and marketing purposes, a clearly visible banner must appear, which clearly indicates:
- that the site uses profiling cookies to send targeted advertising messages;
- that the site also allows the sending of “third-party” cookies, in case such cookies are used, i.e., cookies installed by a different site through the site being visited;
- a link to a more detailed privacy policy, where the user can deny consent to the installation of cookies directly or by visiting the various third-party sites;
- a statement that by continuing to browse, the user consents to the use of cookies.
The correct application of GDPR and cookies should, therefore, allow users to choose browsing without cookies via the “block third-party cookies” function. In this case, the cookies should automatically stop collecting certain browsing data.
Not sure if your website is compliant with current data management, privacy, GDPR, and cookie regulations? Contact us: we can guide you and help you avoid administrative penalties for non-compliance with legal requirements!
