{"id":9077,"date":"2022-02-04T09:20:31","date_gmt":"2022-02-04T08:20:31","guid":{"rendered":"https:\/\/www.myagileprivacy.com\/the-5-reasons-why-your-banner-cookie-may-not-be-compliant\/"},"modified":"2026-01-02T14:10:46","modified_gmt":"2026-01-02T13:10:46","slug":"5-reasons-why-your-cookie-banner-might-not-comply-with-regulations","status":"publish","type":"post","link":"https:\/\/www.myagileprivacy.com\/en\/5-reasons-why-your-cookie-banner-might-not-comply-with-regulations\/","title":{"rendered":"5 Reasons Why Your Cookie Banner Might Not Comply with Regulations"},"content":{"rendered":"

If you own a website or work as a webmaster, you're probably familiar with the constant stream of privacy-related updates and changes<\/strong>.
\nOn one side, there\u2019s the new Cookie Law\/GDPR regulation<\/strong>, which sets out rules for cookie handling, disclosures, and correct procedures for cookies and third-party software.
\nOn the other, we have growing concerns after the invalidation of the \u201cPrivacy Shield\u201d via the Schrems II judgment, which bans data transfers to the USA or US companies with European-based servers.<\/p>\n

Recently, this has resulted in a German court banning CookieBot<\/strong>, and regulators in Austria and Norway blocking Google Analytics<\/strong>.
\nThe Italian Privacy Guarantor<\/a> also announced a new inspection plan, focusing on data processing by database providers, dating sites, and makers of smart toys.<\/p>\n

Are you truly compliant?<\/h2>\n

Key questions to ask:<\/p>\n

\n

\n\u201cAm I certain my website is truly compliant?\u201d
\n\u201cDoes the solution I\u2019m using just look compliant, or does it really meet all regulatory requirements?\u201d
\n\u201cWhat financial and reputational risks do I face if I ignore compliance?\u201d<\/strong>\n<\/p>\n<\/blockquote>\n

Let\u2019s summarize 5 essential criteria<\/strong> your cookie management solution should meet:<\/p>\n

1. 3 + 1 Buttons<\/strong><\/h2>\n

Any privacy banner should feature \u201cAccept,\u201d \u201cCustomize,\u201d and \u201cReject\u201d buttons. In Italy, the X \u201cclose\u201d button must also be present and should function like \u201cReject.\u201d Using only custom button texts or alternative wording for \u201cAccept\/Reject\/Customize\u201d is risky\u2014site owners should comply with both European (3 buttons) and Italian (X button) requirements.<\/p>\n

\n

\nIs clever or alternative wording worth the compliance risk?<\/strong>\n<\/p>\n<\/blockquote>\n

2. Data Location<\/strong><\/h2>\n

Cookie management solutions can be hosted directly on your own server or provided as an external service (SaaS). This choice has significant implications for privacy and compliance: many SaaS providers are based in the United States. If the Privacy Shield or similar agreements are invalidated again, it would be forbidden to transfer EU data to US-owned servers.<\/p>\n

Even if the physical servers are in the EU, US laws such as the \u201cCloud Act\u201d may allow US authorities access to data stored on those servers.<\/p>\n

For the highest level of compliance and data security, it\u2019s always best to use European solutions, or\u2014ideally\u2014host data on your own server.<\/p>\n

3. Granular Consent<\/strong><\/h2>\n

The user must be able to grant or refuse consent on a detailed, \u201cgranular\u201d level\u2014not just grouped by broad categories such as \u201cmarketing\u201d or \u201cfunctionality.\u201d
\nThe Garante\u2019s June 10, 2021 guidelines<\/strong><\/a> require banners to provide a dedicated area where users can make detailed choices cookie-by-cookie or for each third party.<\/p>\n

\n

\nDoes your banner allow for analytic, per-cookie choice as required by the regulator?<\/strong>\n<\/p>\n<\/blockquote>\n

4. Cookie Preference Log (Documentation)<\/strong><\/h2>\n

The Italian regulator confirms in their FAQ that a simple technical cookie is enough to track user consent choices. No central consent registry is required.<\/strong> Any log\u2014if used\u2014must only store the most recent user preference, not a history; otherwise, it might constitute unauthorized profiling.
\nThe best practice: use a technical cookie that simply remembers the user\u2019s last choice.<\/p>\n

5. Preventive Blocking<\/strong><\/h2>\n

All non-essential cookies and software (Google Maps, ReCaptcha, embedded video, etc.) must be blocked by default until the user consents<\/strong>. This requirement goes well beyond pop-up warnings or banners; it demands real technical implementation.<\/p>\n

\n

\nTrue compliance requires more than appearance\u2014it requires robust technical solutions to avoid penalties or inspections.<\/strong>\n<\/p>\n<\/blockquote>\n

Takeaway:<\/strong> In today\u2019s climate, ignoring these issues is not an option. The end of the Privacy Shield and increased inspections make compliance more urgent than ever.
\nHave you and your clients made truly informed choices?<\/strong>
\nShare your experience or questions with us\u2014your input helps everyone adapt to these changing regulations.
\n\u00ae<\/sup>\/posts\/148123904321289\" target=\"_blank\" rel=\"noopener\">Click here to join the conversation<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

If you own a website or work as a webmaster, you're probably familiar with the constant stream of privacy-related updates and changes. On one side, there\u2019s the new Cookie Law\/GDPR regulation, which sets out rules for cookie handling, disclosures, and correct procedures for cookies and third-party software. On the other, we have growing concerns after […]<\/p>\n","protected":false},"author":2,"featured_media":9445,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[75],"tags":[],"class_list":["post-9077","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-compliance-updates"],"acf":{"visibilita_box_autore":false,"autore_associato":null,"elenco_faq_articolo":[{"domanda":"What are the mandatory buttons that a cookie banner must have in Italy?","risposta":"In Italy, a cookie banner must include three buttons: 'Accept', 'Customize' and 'Reject', plus an 'X' in the top right corner that has the same effect as the 'Reject' button. If the X is missing, the banner is not compliant in Italy; if the 'Reject' button is missing, it is not compliant in Europe."},{"domanda":"Where must the data managed by cookie software be stored in order to comply with European regulations?","risposta":"The ideal solution is to rely on European providers or manage everything on your own hosting. US-based SaaS solutions are risky because the Privacy Shield could be invalidated and no EU data could be transferred to US servers or US-owned entities. Furthermore, even with servers physically located in Europe, the American Cloud Act grants US authorities full access."},{"domanda":"What is meant by granular consent in cookie management?","risposta":"Granular consent means that users must be able to express their consent cookie by cookie, not just by broad categories. The Italian Data Protection Authority, in its guidelines of 10\/06\/2021, requires the ability to choose in detail, from a dedicated area, each individual cookie or third-party subject."},{"domanda":"Is it necessary to maintain a record of users' cookie preferences?","risposta":"No, according to the Italian Data Protection Authority, a technical cookie is sufficient to track consent and no register is required. In fact, a register that saves multiple choices or usage data would violate the GDPR as it constitutes profiling without explicit consent. Only the storage of the user's last expressed preference is required."},{"domanda":"What is meant by preventive cookie blocking?","risposta":"Preventive blocking means that all non-technical cookies must be blocked until the user has expressed their consent, including Recaptcha, Google Maps, embedded videos and similar. It is not sufficient to display a notice in the banner: a real technical solution that prevents cookies from loading before consent is obtained is required."},{"domanda":"What are the priority sectors for inspections by the Italian Data Protection Authority in 2022?","risposta":"In its newsletter of January 31, 2022, the Italian Data Protection Authority identified the following priority sectors for its 2022 inspection plan: data processing by database providers, proper cookie management, the video surveillance sector, dating sites, data monetization operators, and smart toy manufacturers. The Authority also specified that additional spot inspections may be initiated based on reports or complaints."},{"domanda":"What were the consequences of the Schrems II ruling for European websites?","risposta":"The Schrems II ruling led to the invalidation of the Privacy Shield, resulting in a ban on transferring data to the United States or to US-based entities, even if the servers are physically located in Europe. This had concrete consequences, such as the ban on the use of CookieBot in Germany and the blocking of Google Analytics by the Austrian and Norwegian Data Protection Authorities."}],"url_esterno":""},"_links":{"self":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts\/9077","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/comments?post=9077"}],"version-history":[{"count":9,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts\/9077\/revisions"}],"predecessor-version":[{"id":15145,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts\/9077\/revisions\/15145"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/media\/9445"}],"wp:attachment":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/media?parent=9077"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/categories?post=9077"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/tags?post=9077"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}