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GDPR Cookie Consent Guide for Non-EU Websites

Complete cookie consent guide for non-EU websites. ePrivacy Directive, GDPR cookie rules, consent management platforms, EU Rep from EUR 490/yr.

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If your website serves EU visitors, you need a compliant cookie consent mechanism under the ePrivacy Directive and GDPR. This applies regardless of where your business is based — a US website with EU traffic must obtain valid consent before dropping non-essential cookies.

What the Law Requires

The ePrivacy Directive (2002/58/EC, amended 2009) requires that websites obtain informed consent before storing or accessing information on a user’s device. GDPR Article 7 adds that consent must be freely given, specific, informed, and unambiguous. Together, this means:

  • Prior consent: No cookies loaded before the user has made a choice (except strictly necessary cookies)
  • Granular choice: Users must be able to accept/reject different categories (analytics, marketing, functional)
  • Easy to withdraw: Withdrawing consent must be as easy as giving it
  • Recorded consent: You must keep evidence of consent given

Cookie Categories

Strictly necessary: No consent needed. Session cookies, shopping cart cookies, CSRF tokens.

Functional/Preference: Consent needed (usually bundled with necessary). Language, region, display settings.

Analytics: Consent needed. Google Analytics, Plausible, Matomo — any tracking of user behaviour.

Marketing/Tracking: Consent needed. Facebook Pixel, Google Ads, retargeting, advertising cookies.

Consent Management Platforms (CMPs)

A CMP handles cookie scanning, consent banners, preference centres, and consent records. Popular options include Cookiebot, CookieYes, Osano, OneTrust, and Termly. Comparison →

Cookie Consent + Article 27

Having a cookie banner does not satisfy Article 27. You still need an EU Representative as a separate obligation. EU Shield provides this from EUR 490/year. Get started →

Best Practices

  • Implement “Consent Mode v2” for Google tags to respect consent choices
  • Provide a “Cookie Settings” button in your footer
  • Store consent records for at least 3 years
  • Use a reputable CMP — do not DIY cookie compliance
  • Update your Privacy Policy to list all cookies used

Full consent mechanism guide →

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