GDPR and ePrivacy (EU, EEA and UK)
The law as we understand it on 5 November 2026. See the overview for what these pages are and are not.
What the law asks
European Union and EEA
Storing or reading anything on a visitor's device — cookies, local storage, pixels, tracking links — needs consent first under Article 5(3) of the ePrivacy Directive, unless it is strictly necessary for a service the visitor asked for. This applies whether or not the information is personal data. What you do with the data afterwards falls under the GDPR. EU law has no analytics exemption today.
Consent is valid only when it is freely given, specific, informed and unambiguous, given by a clear act (GDPR Articles 4(11) and 7). The European Data Protection Board and the national authorities read that as:
- No pre-ticked boxes, and scrolling or carrying on browsing is not consent.
- No cookie wall: access to the site cannot depend on accepting.
- Reject on the first layer. Most authorities treat a first layer with an accept button but no reject option as an infringement (EDPB cookie banner taskforce, January 2023). A reject "link" hidden in the text does not count.
- No misleading design: colours and contrast are judged case by case; an obviously misleading contrast is an infringement.
- Withdrawal as easy as consent, at any time — for example a button that stays on every page.
- Proof: you must be able to show that consent was given (Article 7(1)).
- "Strictly necessary" must be justified for each cookie you put there; legitimate interest cannot replace consent for setting the cookie.
There is no fixed period for asking again; the EDPB suggests refreshing consent at appropriate intervals.
Authorities do enforce this: on 1 September 2025 the French CNIL fined Google €325 million and Shein €150 million over cookies set without valid consent.
United Kingdom
The UK GDPR and the Privacy and Electronic Communications Regulations (PECR, regulation 6) ask for consent too, with exceptions that the Data (Use and Access) Act 2025 widened from 5 February 2026:
- Strictly necessary, now with examples: security, fraud prevention, authentication, remembering the visitor's choices on the site.
- Statistics: collecting statistics about how your site is used in order to improve it — only when that is the sole purpose, the visitor gets clear information and a simple, free way to object, and has not objected.
- Appearance and functionality: adapting the site to the visitor's preferences, on the same conditions.
- Emergency assistance.
The Information Commissioner's Office says none of the exceptions covers advertising, including ad measurement and frequency capping. Fines under PECR rose to £17.5 million or 4% of worldwide turnover.
What may change
The European Commission's Digital Omnibus proposal (November 2025) would add consent-free purposes such as aggregated audience measurement and a waiting period before asking again after a refusal. On 21 October 2026 the Council agreed its position; the European Parliament has not. Nothing has changed in the law yet.
How ConnectWiz handles it
| The rule | In ConnectWiz |
|---|---|
| Consent before anything non-essential | Every signal is denied before the visitor chooses, set in the first lines of the page. The EU/EEA, the UK and Switzerland cannot be opened by a region rule. |
| No pre-ticked boxes, no cookie wall | Every box starts empty; the banner never covers or blocks the page. |
| Reject on the first layer, equal design | Accept all, Reject all and Preferences are drawn exactly alike, whatever the appearance template. |
| Withdrawal as easy as consent | The cookie button stays on every page; withdrawing deletes the known cookies of that category. |
| Proof | Every choice is recorded, kept 13 months by default (12–120). |
| Specific, informed | One row per category with its purpose, providers, the countries data may go to and each cookie. |
| Asking again | After a yes 1–12 months, after Reject all 6–12 months — never sooner, so a refusal is not asked away. |
| Embedded content | YouTube, Maps and social embeds can wait behind a placeholder until their category is allowed. |
The UK's new statistics and appearance exceptions are not used: analytics stays off in the UK until the visitor accepts it. That is stricter than the law now requires, and it never needs an objection mechanism of its own.
What you still need to do
- List every cookie your site sets, including your own, in the banner's cookie list — run a scan and add what it finds. Put the live cookie declaration on your cookie policy page.
- Write your privacy notice and cookie policy, and link the policy from the banner (Texts → cookie policy address).
- Load tags only through consent: tags that start before the consent code ignore it — see Pixels that start before consent.
- Name ConnectWiz as a processor in your privacy notice, and sign the data processing agreement.
Sources
- ePrivacy Directive 2002/58/EC · GDPR
- EDPB Guidelines 05/2020 on consent
- EDPB cookie banner taskforce report (2023)
- CNIL fines on Google and Shein (2025)
- Data (Use and Access) Act 2025, Schedule 12
- ICO: exceptions for storage and access technologies
- Council position on the Digital Omnibus (21 October 2026)