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Which cookies actually need consent under GDPR?

· by Paul Masterson

The most common compliance mistake we see isn’t a missing cookie banner — it’s a banner that does nothing. Analytics and marketing cookies fire the moment the page loads, before the visitor has clicked a thing.

The test that matters

Under the ePrivacy Directive and GDPR, any cookie that isn’t strictly necessary to deliver the service the user asked for needs prior consent. That means:

Why a banner isn’t enough

A Consent Management Platform is only compliant if non-essential cookies do not fire before consent, and stop firing after a rejection. If _ga is set on page load, the banner is decorative — and the firing is the violation, regardless of what the banner says.

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