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Cookies and tracking technologies
What are cookies?
Cookies are small text files stored on a device, such as a PC, a smartphone or any other device that can store information. They serve several important functions, including remembering users and their previous interactions with a website and identifying users when they log into banking services and other online services. These cookies or any other tracking technologies—like local storage objects (LSOs) or “flash” cookies; software development kits (SDKs); pixel trackers or gifs; “like” buttons and social sharing tools; and device fingerprinting technologies—generally require the user’s consent, following the requirements of the ePrivacy Directive and the GDPR.
- Website browsing does not constitute cookie consent by a user. Consent should be expressed by a clear and positive action (such as clicking on "I accept" in a cookie banner) following the GDPR’s requirements.
- It should be easy for a user to withdraw consent at any time.
- If a cookie is used to store a record that a user has provided cookie consent, this cookie should have a lifespan of six months.
- Users must be clearly informed of the purposes of cookies before consenting, as well as the consequences related to the acceptance or rejection of cookies.
- Users must also be informed of the identity of all actors using cookies subject to consent.
- Refusing cookies should be as easy as accepting them.
In addition, organizations should examine the role of any third-parties using cookies and similar technologies on their website or applications to determine (joint) controllership or other data processing relationships. Where necessary, organizations should put the appropriate third-party data processing agreements in place to comply with the GDPR requirements.
How can Deloitte help?
Deloitte’s data protection advisory specialists and dedicated services can help you clarify the impact of these requirements, identify any gaps, suggest potential solutions, and take the necessary steps to put these solutions in place.
Deloitte can help you structure your activity to develop new products and adapt to regulatory and market demands.