Cookie Consent Explained
When you need cookie consent banners and when you can legally skip them. A clear guide to the ePrivacy Directive and GDPR cookie requirements.
You need cookie consent for non-essential cookies that track users, store preferences not required for the service, or enable advertising.
You don't need consent for strictly necessary cookies required for your website to function, or for cookie-free analytics that don't track individual users.
Consent Requirements
- Google Analytics
- Facebook Pixel
- Advertising cookies
- Social media tracking
- Retargeting pixels
- User behavior tracking
- A/B testing with cookies
- Persistent login cookies (debated)
- Session cookies (shopping cart)
- Authentication cookies
- Language preference cookies
- Cookie consent choice storage
- Load balancing cookies
- Privacy-first analytics (no cookies)
- Security cookies
Understanding Cookie Laws
The ePrivacy Directive (Cookie Law)
The ePrivacy Directive (2002/58/EC, amended 2009) requires informed consent before storing or accessing information on a user's device. This includes cookies, localStorage, and similar technologies.
The key exception: you don't need consent for cookies that are "strictly necessary" for providing a service the user explicitly requested.
What "Strictly Necessary" Means
A cookie is strictly necessary when the website cannot function without it. Examples include:
- Shopping cart cookies (users can't check out without them)
- Authentication cookies (users can't stay logged in)
- Security cookies (CSRF protection)
- Load balancing cookies (site literally won't work)
Why Analytics Usually Requires Consent
Traditional analytics tools like Google Analytics set cookies to:
- Identify returning visitors
- Track user journeys across sessions
- Build visitor profiles
- Enable cross-site tracking
None of these are "strictly necessary" for your website to function. Users can browse your site perfectly fine without being tracked. Therefore, consent is required.
The Cookie-Free Analytics Loophole
If your analytics tool doesn't use cookies or equivalent technologies, the ePrivacy Directive doesn't apply. This is why privacy-first analytics tools like Invoker can operate without consent banners:
- No cookies are set
- No localStorage is used
- No device fingerprinting
- No persistent identifiers
The Real-World Impact of Cookie Banners
Cookie consent banners aren't just a legal requirement—they hurt your business:
- 30-50% opt-out rate: Many users reject cookies, leaving gaps in your data
- User friction: Banners annoy users and hurt UX
- Bounce rate increase: Some users leave rather than deal with banners
- Implementation complexity: Proper consent management is technically challenging
- Ongoing compliance: Regulations change, requiring updates
Best Practices
To minimize cookie consent requirements:
- Audit your cookies: Know exactly what cookies your site sets
- Remove unnecessary tracking: Do you really need Facebook Pixel?
- Use privacy-first analytics: Switch to tools that don't need consent
- Implement proper consent: If you must use cookies, do it right
- Document everything: Keep records of what you collect and why