Cookies & tracking technology on any device that connects to the internet eg website, phone, laptop or IoT

‘Control Click’ to download the checklist in easy-to-use PDF format:

https://www.gdprdataprotection.ie/checklist1

Cookie Pop-Up or Banner Statement

As the user lands on your site  
Ensure a Cookie Permission statement is clearly visible, such as a pop-up or a permission banner (using your preferred design & wording format).

Consent or Reject 
Using plain language, briefly explain that the device uses cookies with the option to ‘Accept All’ or provide “More Information’.

Equal Importance 
‘More Information’ button must have equal visibility to the user as “Accept’.

Privacy & Cookie Policy
Ensure the banner does not obscure the access to your Privacy or Cookie buttons.

Access to Cookie Policy 
If you choose to insert the Cookie Policy link within the Banner statement, ensure it is still available to view when the banner disappears.

Accept or Reject
Suggest you do not offer ‘Accept’ or ‘Reject’ only.  As Reject must reject ALL cookies that are not ‘Strictly Necessary’, which may reduce ‘user experience’ unnecessarily (user may be happy with YouTube plug-in but not Google Analytics).

‘X’ or Ignore
X out, no action or pop-up simply disappears cannot be taken as consent. Cookies cannot be activated until user has actively consented to the use.

Consent by Implication
It is not permissible to assume consent eg “By continuing to use this website, cookies will be activated’. 

User-friendly Consent
The user must be able to withdraw consent as easily as they gave it.

All organisations based in Ireland have been given until 6th October 2020 to bring their technical devices such as websites, mobile apps and IoT into compliance with e-Privacy Regulation & GDPR before enforcement & fines commence.

Define your Cookies
– Functional 

Strictly Necessary  
Strictly necessary cookies enable core functionality, such as security, network management and accessibility.  

Explicitly Requested 
Necessary cookies also cover explicitly requested functions eg shopping basket tracking.

No Consent Required
These are the only cookie functions that do not require consent eg they can have a pre-ticked box or slider set to ON. 

Turn off at Browser
Offer the user the ability to disable at browser settings, warning this will affect the website function.

Indefinite Expiry Date
Check ‘expiry’ date such as session cookies. They should not have an indefinite expiry date and should be set to expire when or shortly after it has served its function eg ticket purchase. 

Defining Necessary
The definition of necessary is tight and does not simply apply to improved user experience. Document your definition & decision, ideally in your Cookie Policy.

Bundle Consent 
You can ‘bundle’ all necessary cookies although they may have different functions.

 E-Privacy Regulation applies to the use of all Cookies that store or track any information both identifiable (personal data) or anonymised/aggregated data.

Define your Cookies
– Non-Functional 

Not strictly necessary 
Although they may enrich the user experience and may appear as basic functions, all other Cookies are non-functional and all need consent.

Active Consent 
The user must actively opt-in. No “pre-ticked’ boxes or sliders set to ON.

Activation upon Consent
All non-functional cookies must remain OFF until consent has been received eg a ‘chat box’ cannot be deployed until consent is received.

Bundle Consent 
You cannot ‘bundle’ consent for multiple functions. Consent is not required for every Cookie but for every purpose.

Turn off at Browser 
The option to disable non-necessary cookies at the user’s own browser cannot be the only option given to the user 

Expiry Date 
Ensure all non-functional cookies have a clear expiry date and the lifespan should be outlined in the Cookie Policy for transparency.

Analytics 
All analytics require consent either internal tracking or third-party tracking eg Google analytics. This includes the use of personal or annonoymised data.

Customer Journey
A suggested option would be to introduce pop-up consent during the customer journey and before they access a specific function eg BrowseAloud for text-to-speech functionality or YouTube before you demonstrate a product.  

Privacy-enhanced
A suggestion, if you embed videos from channels such as YouTube, you may wish to limit activity to your own official channel where you can control settings. Consider using privacy-enhanced mode, where possible.

Re-confirm Consent 
Ensure appropriate controls are in place to track and update consent and preference changes. Re-confirm consent after a set period of time - suggested time-frame 6 months.

Examples of Cookies that require Consent 

Mailchimp 
Any campaign management tool that tracks email campaigns, such as open rates, bounces.  

IP Address
IP tracers to identify and track IP addresses are tracking personal data and these cookies are covered under both GDPR & e-Privacy regulation.  

Location ON
Location tracking or ‘local’ store location. Asking the user to switch Location ON.

Facebook
Links to your organization’s official social media channels or social activity such as ‘like’ or ‘Share’.

Action Steps 

Cookie Audit
Ask IT or MDdm to carry out a Cookie Audit. You may well be surprised what you locate ‘under the bonnet’,

Define Cookie Type 
Define & document strictly necessary & non-necessary cookies. Outline, in summary, in your Cookie Policy.

Expiry Dates 
Check your cookie expiry dates and ensure non-functional or session cookies have an appropriate date stamp. Display this in your Cookie Policy. 

Consent  
Review your consent statement and update or implement a 2nd step Cookie Review & Consent.

Cookie Policy
Review & update your Cookie Policy / Statement to ensure it meets new regulation guidelines. 

Record of Processing
Under GDPR, carry out a yearly Data Audit (ROP) of your website that sits alongside your Cookie Audit to track the process of data in and out of the website.

DPIA
Review the need to carry out a Data Protection Impact Assessment (DPIA) for the use of Cookies and processing of personal data. 

Privacy Setting
Check privacy settings & privacy policies from third-party plug-ins. 

Responsibility & Liability
Check your contracts with all third-party plug-ins. Do you remain the Controller (responsible) or are you joint-Controller (shared responsibilities)? Do you have appropriate Data Processing Agreements (DPA’s) in place?

As your Data Protection Officer or Data Privacy Consultant, we are here to answer any questions you may have or any concerns in relation to changes in regulation. We are happy to work with you to implement privacy-friendly changes to your communication strategy.

‘Control Click’ to download the checklist in easy-to-use PDF format:

https://www.gdprdataprotection.ie/checklist1