Common issues in cookie management
Over a decade after the adoption of the e-Privacy Directive, that is still not always the case. Cookies are regularly deployed before the user has interacted with the consent banner, especially since the absence of banners is among the most common compliance issues in cookie management. The absence of access pathways to cookie policies from within the banners is a close second.
Even in situations when consent has ostensibly been given, dark patterns in choice architectures (pre-ticked boxes, requiring more clicks to refuse consent than to give it) invalidate it by denying the user their freedom of choice.
Incorrect classification of cookies
The deployment of cookies is subject to different requirements, depending on the type of cookie. It is therefore crucial to correctly identify which are the strictly necessary cookies, of which the user needs only to be notified, and which are functional, analytics, or advertising cookies, to whose deployment the user needs to consent. It is common, yet unlawful, to fail to distinguish between the types of cookies within the cookie banner, or to claim that functional or analytics cookies are necessary for the functioning of the website.
Under exploitation of cookies
Fear of non-compliance with the complex regulations surrounding cookies can lead companies to underexploite cookies in their UX design, as well as their online advertising strategies. By refraining from using cookies due to compliance concerns, companies risk missing out on valuable customer data.
Our approach to cookie compliance
We leverage our global, cross-sector expertise and experience to deliver greenfield and brownfield solutions tailored to the (particular) needs of our clients. We base our advice on not only the hard law, but also our insight into the actions and comments of Data Protection Authorities, to ensure best practice, prevent the breaches of data subjects’ trust, and avoid non-compliance fines.
Sustainable cookie management systems
We work with the systems already in place or design and implement new systems to equip our clients with sustainable, workable, and scalable cookie management solutions for the future.
Determining which cookies are strictly necessary and therefore do not require user consent, and which must not be dropped until the user has consented can be tricky the first time. Fortunately, our first time is long behind us. We guide our clients in correctly classifying the cookies they use, and design guidelines for doing the same for any cookies they may wish to use in the future.
Compliance across boarders
The Internet is a global network, but regulations are territorially bound and differ between regions. We help ensure that regardless of where your customers access your service from, you handle their data in accordance with all applicable regulations.
We provide general guidance on the practical implementation of privacy regulations in the context of AdTech. We advise our clients on the content of privacy banners and policies, including tailored instructions on how detailed or minimal they ought to be depending on the type of company, the type and number of cookies dropped, and the vendors with whom the data is to be shared.
Partners & Accelerators
In our commitment to providing comprehensive data privacy solutions, we collaborate with leading accelerators and partner organizations. Our partnerships are essential in achieving our mission to deliver efficient and effective data privacy solutions.
Lex Dinamica Accelerators
We have developed proprietary accelerators that enhance our capabilities in detecting cookie and adtech compliance. These innovative tools, combined with our collaborations with esteemed partners, exemplify our dedication to delivering efficient and effective data privacy solutions, helping organizations navigate the complexities of the digital landscape while safeguarding user data.
One of our key areas of focus is the setup and management of cookie audits and assessments, and our partner network plays a crucial role in ensuring compliance with cookie-related regulations. Through these valuable partnerships, we leverage cutting-edge technology to conduct thorough cookie audits, assess data usage, and implement compliant cookie notices.
Cookies & AdTech Scan
Our cookie scan is a proactive step toward safeguarding your data and maintaining trust with your users, independently of what cookie management solution you currently use. Contact us today to schedule your comprehensive scan and take control of your adtech landscape.