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Explicit & Implied Consent


Cookies are utilized by nearly all websites to store information about their users. These small files, which are frequently encrypted, can be found in browser directories and are utilized by website owners to execute tasks and aid in website management. The origin of the cookie, as well as the server on which it operates within the user's browser, determine whether it is a first-party or third-party cookie.

For every company or website that collects personal data from website users, having a privacy policy is mandatory. In addition, if your website uses cookies, you must also have a cookie policy. This legal document provides in-depth information about the cookies utilized on your website, and is required by various privacy laws such as GDPR, CCPA, and others. Your cookie policy must disclose the reason for using cookies, the user information collected, how this information is utilized, and the benefits for users. Furthermore, it must be compliant with the aforementioned privacy laws and outline details about each cookie used on your website, including its purpose, duration, and the type of data it gathers and stores. Additionally, your cookie policy must be regularly updated in accordance with changes to privacy regulations.

In order to adhere to privacy laws, it is necessary to give users the option to decide whether or not their data should be collected. This means that website users should be provided with the choice between implied or explicit Cookie Consent modes regarding their data tracking.

There are multiple cookie consent modes available that differ in stringency. The two most common modes are explicit and implied cookie consent.

Visitors do not necessarily have to click on a banner button for a decision to be made. By default, clicking anywhere on the pages implies a consent. This mode is not recommended when you use a strict banner (like Accept only, Accept/Decline, or Preferences with Strict/Loose policy available) because it counts as a decline. This mode is also referred to as "the soft way" for cookie consent.

When the banner keeps showing on each page until the visitor has explicitly responded by clicking on an action button on the banner, then the explicit cookie consent mode is used. This cookie consent mode is the default setting as per the GDPR requirement. This mode is also known as "the hard way" for cookie consent.

Updated on: 20/02/2024

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