Certainly! Here's a comprehensive explanation of cookie notices, consent, EU legislation, and related obligations:
Cookie Notices and Cookie Consent Explained
Cookies are small text files stored on a user's device by websites they visit. They serve various purposes, such as remembering login details, tracking user behavior for analytics, and personalizing ads.
EU Legislation
ePrivacy Directive and GDPR ePrivacy Directive (2002/58/EC): Also known as the "Cookie Law," it was introduced in 2002 and amended in 2009. This directive required websites to obtain user consent before storing or accessing cookies on their device. General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679): Implemented on May 25, 2018, GDPR further tightened the rules around data privacy and protection. Under GDPR, cookies are considered personal data if they can identify an individual, directly or indirectly.
Types of Cookies
1. Strictly Necessary Cookies: Essential for the website to function properly. They enable basic features like page navigation and access to secure areas.
2. Performance Cookies: Collect information about how visitors use a website, such as which pages are visited most often. This data helps improve the site's functionality.
3. Functional Cookies: Allow the website to remember choices you make (e.g., your username, language, or region) to provide a more personalized experience.
4. Targeting or Advertising Cookies: Track your browsing habits to show you relevant ads. They are often placed by third parties, such as advertising networks.
Consent
Under the ePrivacy Directive and GDPR, valid consent must be:
1. Informed: Users must be provided with clear and comprehensive information about the cookies being used and their purposes.
2. Specific: Consent must be given for each purpose the cookie is used for. Blanket consent is not acceptable.
3. Freely Given: Users must have a genuine choice to accept or reject cookies. Consent cannot be a condition of using the service unless cookies are strictly necessary.
4. Unambiguous: Consent must be given through a clear affirmative action, such as ticking a box or clicking an "accept" button. Pre-ticked boxes do not constitute valid consent.
Right to Revoke Consent
Under GDPR, users have the right to withdraw their consent at any time. Websites must:
- Provide an easy way for users to change their cookie preferences or withdraw consent.
- Ensure that withdrawing consent is as easy as giving it.
Obligations of Companies Based in the EU
Companies must comply with the following obligations:
1. Cookie Notice: Inform users about the use of cookies in a clear and understandable manner. This notice is typically displayed as a banner or pop-up when a user first visits the site.
2. Obtain Consent: Before placing cookies on a user's device (except strictly necessary cookies), obtain explicit consent. This includes giving users the option to accept or reject cookies.
3. Provide Opt-Out Options: Allow users to manage their cookie preferences, including the ability to revoke consent easily.
4. Maintain Records: Keep records of user consent to demonstrate compliance if required by authorities.
5. Ensure Security: Implement appropriate technical and organizational measures to protect personal data collected via cookies.
6. Regular Audits: Periodically review and update cookie policies and consent mechanisms to ensure ongoing compliance with regulations.
Summary
The EU's ePrivacy Directive and GDPR have significantly impacted how companies handle cookies and obtain user consent. Compliance involves informing users about cookies, obtaining explicit consent, providing options to manage consent, and ensuring robust data protection measures. These regulations aim to enhance user privacy and give individuals more control over their personal data.
How to manage cookies
Some cookies are strictly necessary to allow you to use the website and its features, such as storing items in your basket. Without these cookies these features cannot be provided which may impair the functionality of the website meaning you are unable to shop on our website.
You can select the cookies you would like this website to store on your device by changing your browser settings. Each browser allows you to restrict or block cookies in different ways.
Within most browsers you can utilise private browsing modes that typically do not save local data associated with the session, such as cookies. These are typically deleted when you close all the windows.
You can install a browser add-on to opt-out of Google Analytics in your browser across all websites (please note that we are not responsible for the content of external websites), visit: https://tools.google.com/dlpage/gaoptout
Types of cookies
First-party cookies - these are set by the website you have accessed. They are often used to remember your preferences on the website, such as your preferred currency or items in your basket.
Third-party cookies – these are set by a website other than the one you are accessing.
Session cookies – these are temporary cookies, which are deleted when you close your browser.
Persistent cookies – these remain on your device until you erase them or they expire.
Cookies that are used on our website
We have documented the partners and tools that create cookies that are used by this website and our partners use and their purpose. Please note that we are not responsible for the content of external websites.
Google Analytics
These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
Find out how to opt-out of Google Analytics across all websites in the “How to Manage Cookies” section.
You can find out more about Google’s use of information here: https://policies.google.com/technologies/partner-sites.
Google Ads (and DoubleClick)
Google Ads uses cookies to improve advertising by targeting advertising based on what is relevant for the user. They also allow reporting on advertising performance and to avoid showing ads that a user has already seen. This product collects and uses data using cookies. The data collected may be used to personalise advertising. You can find out more about Google’s use of information here: https://policies.google.com/technologies/partner-sites.
You can revoke your consent to ad personalisation by Google here: https://adssettings.google.com/
Google reCAPTCHA
Google reCAPTCHA is used to help establish that a user is human and enhances security on our website. This product collects and uses data using cookies. The data collected may be used to personalise advertising. You can find out more about Google’s use of information here: https://policies.google.com/technologies/partner-sites.
YouTube
YouTube is used to play videos embedded on the website. Cookies are set by YouTube to track usage of its services. You can find out more about Google’s use of information here: https://policies.google.com/technologies/partner-sites.
X (formerly known as Twitter)
This helps us track user conversion rates from X.
Cookies in other websites can be used to measure the performance and health of the website, to help ensure you have the best experience possible.
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