In our Guidelines for the use of cookies on the website, we have already explained examples of good and bad practice for placing cookie banners or pop-up windows on organizations’ websites. Also, in the explanation ” What should I know about cookies”? ” we described in more detail the nature of cookies and the reasons for their processing. However, in practice we still come across websites that do not include cookie notices, do not function or are not set up as required. We have also found cases where the cookie notification was created correctly, but in practice cookies are still processed, for example, if the website visitor has not agreed to the use of optional cookies.

Therefore, in this explanation, we will again pay attention to the most essential and most easily noticeable discrepancy – incorrectly created cookie banners.

REMINDER that cookies that are not necessary for the website to function can only be collected with human consent!

The cookie banner should be simple, without redundant or misleading information. With the help of this banner, the visitor of the page should provide information in a convenient way about cookies that will be processed without human consent (functional) and about cookies that he can consent to, if he so wishes. If the website plans to collect ONLY functional cookies (they do not require consent), then you can provide a short description and add a button, for example, with the name “got it”. If consent is requested for non-mandatory cookies such as statistical, customized content or marketing cookies, you must be given the option to agree or not. Any cookie banner should also include a link (button) to more information, ie cookie policy or privacy policy , which includes an explanation of cookie processing.

The organization should make it clear what this pop-up means and what the consequences of the visitor’s choice will be. Also, the banner must be displayed in the same language as the visitor has chosen to view the website – if the website is in Latvian, the banner must also be in Latvian. Also, it is no less important that the choice cannot be made for the visitor, for example by placing a check mark in advance, and visually the banner should not lead to making a specific choice, but should be made neutral. It is also necessary to ensure that visitors to the website have the possibility to easily opt out of cookies for which consent has been given in advance. This action should not be made difficult or difficult to access, and the functionality should be provided by the website itself, rather than requiring visitors to do it through browser settings.

The visitor of the website must not be given the impression that without consent to the optional cookies, he will not be able to view the website or that it will function incompletely.

Examples of bad practice from cookie notices seen on the web

• The banner is not in Latvian (the website with the domain “.lv” is in Latvian), there is no option to refuse the processing of optional cookies, there is no link to more information

• There is no option to refuse the use of cookies, no information about the processing of cookies, or no link to the section for more information.

• The option to refuse the use of cookies is not available in the first view of the banner, under the section “More information” there is no information about data processing or cookies. Also, the consent button is clearly highlighted, encouraging the user to agree to the use of cookies.  
• No cookie banner at all.
• There is no possibility to refuse optional cookies, access to more information is not given, and it is also wrongly indicated that the visitor does not have a free choice – consent cannot be free if it is given as the only option.

“Example. The website uses cookies and third-party advertising and analytics systems. If you continue to use this website, you consent to the collection and storage of cookies on your device. [Accept and Continue] button.”

• No further information is available, a misleading indication is given that the customer has read the privacy policy by accepting this action (which should not be required at this step), and the withdrawal of consent is left to the visitor to do so through the browser settings.

We would like to remind you that every website maintainer and owner is responsible for fair treatment of their existing or potential customers, as well as their data. Data processing is not legal if the binding requirements are not met. Therefore, we invite you once again to familiarize yourself with the Guidelines for the use of cookies on the website and publicly available seminars on this topic.

https://www.dvi.gov.lv/lv/jaunums/dviskaidro-kadas-kludas-visbiezak-tiek-pielautas-sikdatnu-baneros