Cookies and digital marketing: how to adapt to new regulations without losing reach
In recent years, cookies have become a key element of digital advertising and marketing. However, with growing concerns about user privacy, regulations surrounding the use of cookies have evolved significantly. Adapting to these changes is essential to continue taking advantage of the benefits of cookies without compromising compliance with the law or user trust.
Current cookies regulations
The legal landscape surrounding cookies has changed radically with the introduction of regulations such as the GDPR and the AEPD Cookies Guide. Both regulations require greater control and transparency in the processing of user data, which has pushed companies to review the way they manage cookies on their websites.
These two regulations have been a fundamental framework for strengthening the protection of personal data, including cookies. According to these regulations, cookies that are not strictly necessary for the operation of the website require the explicit consent of the user before being activated. This means that the user’s activity cannot be tracked or information stored on their device without their informed consent.
For the purposes of determining the scope of the regulations, cookies used solely for the purpose of allowing communication between the user’s computer and the network, or strictly providing a service expressly requested by the user, are exempt from compliance with the obligations of article 22.2 of the LSSI.
Likewise, companies are required to offer users a clear option to accept or reject the use of non-essential cookies , such as preference cookies, analysis cookies or advertising cookies. In addition, it is essential to provide detailed information about the type of cookies used, their purpose and the time they will be active.
These regulations mark a turning point in the way companies must manage cookies, which directly impacts digital marketing strategies.
Use in marketing
Cookies are essential for digital marketing, as they allow companies to collect information about user behavior and customize ads based on their interests. However, new regulations have changed the way these practices must be carried out, imposing limits and regulations that companies must follow to ensure legal compliance.
One of the main ways cookies are used in marketing is through third-party cookies. These cookies, which are usually implemented by advertisers, allow users’ activity to be tracked across multiple websites. With this information, companies can segment audiences and display personalized ads, increasing the relevance of messages and improving conversion rates.
However, these cookies have been the focus of stricter regulations. The most widely used browsers have announced plans to phase out support for third-party cookies . In addition, regulators require explicit user consent to activate them, which has significantly affected the effectiveness of retargeting and personalized advertising strategies.
Unlike third-party cookies, first-party cookies are placed directly by the website that the user is visiting. These cookies are less intrusive and are mainly used to improve the user experiencees, such as remembering preferences or keeping the user logged in. They are also essential for web traffic analysis, allowing companies to measure the performance of their marketing campaigns.
Despite restrictions on third-party cookies, first-party cookies remain a valuable tool for digital marketing as they are not subject to the same strict limitations as long as they are used for a legitimate purpose and appropriate consent is obtained.
How to comply with the regulations
The basis for compliance is transparency. Companies must provide clear and accessible information about the cookies they use , explaining what data they collect, how they use it and why they are necessary. In addition, it is essential to request explicit user consent for any cookies that are not strictly necessary.
An effective cookie banner should offer a clear option to accept or reject non-essential cookies, with an explanation of the consequences of both decisions. Companies should also provide a link to a detailed cookie policy, where users can find out more and change their preferences at any time.
As third-party cookies are being phased out and subject to more rigorous scrutiny, it is advisable to minimize their use. Instead, companies can focus on leveraging first-party cookies and other privacy-friendly analytics technologies, such as the use of unique identifiers or aggregated data.
It is also important to review contracts with technology and advertising providers to ensure they comply with privacy regulations and offer privacy-friendly alternatives to users.
The future of digital marketing will not depend exclusively on cookies. One such solution is the use of cohort-based segmentation models , where users are grouped into large anonymous segments based on their behavior without identifying specific individuals.
Another emerging technology is the use of Consent Mode , which allows websites to adjust the behavior of their tags and scripts based on the user’s consent status. This solution allows for performance measurements without relying on traditional cookie-based tracking.
As privacy regulations are constantly evolving, it is essential to regularly review your cookie policies and marketing strategies to ensure they comply with the latest legal requirements. This includes staying informed about changes in privacy laws and adjusting cookie settings where necessary.
At Letslaw we are experts in data protection, so we can provide you with advice on everything you need.
Desde que Carmen Araolaza empezó la carrera se familiarizó con el derecho tecnológico al haber estudiado Derecho + Especialidad TIC en la Universidad de Deusto.
Le apasiona el derecho digital, en concreto, el Comercio electrónico, la Propiedad Intelectual, la Protección de Datos, la Competencia y el Marketing Digital.
