Why are cookies mandatory?

Cookies themselves are not mandatory. But informing users about the use of cookies, and obtaining their consent, is required by law in certain situations. Under the AVG and ePrivacy laws from the European Union, websites are required to display cookie banners when using cookies that are not strictly necessary for the functioning of the website. Visitors must be able to consent to or refuse the use of these non-essential cookies.
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Important here is that consent must be specific, informed, unambiguous and freely given. In addition, visitors from the EEA (European Economic Area) must be clearly informed about what data is being collected, for what purpose, and for how long it is kept.

The reason for these legislations is that cookies collect information about the user, such as browsing habits, preferences and sometimes personal data. Since this data is considered personal data under the AVG, protecting users' privacy is a legal obligation. The transparency principle must also be met by informing users about how their data is collected, processed and transmitted to any third parties.

Informing users about the use of cookies and requiring their explicit consent before non-essential cookies are placed gives users control over their personal data. They can decide for themselves whether they agree to the use of cookies and specify by category which types of cookies they want to accept or reject.

For these reasons, websites are required to display cookie banners and allow users to give informed consent before non-essential cookies are set. Strictly necessary cookies (such as those for shopping baskets or login functionality) do not require explicit consent. In this way, websites comply with AVG requirements regarding transparency, lawfulness of processing, and ensuring users' control over their personal data.

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Most common questions

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