Is Cookie Policy Required Under Gdpr?

The analysis confirms that under the General Data Protection Regulation (GDPR), a cookie policy is indeed required. Cookies, as part of personal data processing, necessitate transparency and user control in compliance with GDPR mandates. According to Article 4(1) of GDPR, personal data includes any information relating to an identified or identifiable natural person, which encompasses data collected through cookies (European Parliament, 2016).

Key requirements identified are:

• Informing users about the use of cookies and similar tracking technologies.
• Disclosing what data is collected, for what purpose, and duration of storage.
• Providing clear instructions on how users can manage or reject cookies.

These points reflect GDPR’s emphasis on transparency and accountability (Voigt & Von dem Bussche, 2017).

Explicit consent emerges as a non-negotiable requirement for non-essential cookies. The Regulation demands that consent must be:

• Freely given,
• Specific,
• Informed,
• Unambiguous.

This aligns with the requirement to display a cookie consent banner that allows users to accept or reject cookies before placement on their devices (Article 7, GDPR). Failure to obtain consent invalidates cookie-based data processing (Regulation (EU) 2016/679).

The practical implementation involves:

• Presenting clear and accessible cookie policies,
• Implementing cookie consent mechanisms that do not impair site accessibility for those who refuse non-essential cookies,
• Ensuring user choice is respected and recorded.

The literature concurs that cookie policies are not merely formalities but vital compliance tools. Studies emphasize that effective user communication enhances trust and legal adherence (Martínez-Jiménez et al., 2020).

In summary, the results demonstrate that cookie policies are mandatory under GDPR. They serve both to inform and secure explicit user consent, thus fulfilling legal requirements for personal data processing via cookies.