While free cookie consent banners may appear attractive due to cost-saving benefits, it’s critical to consider the potential drawbacks and risk of fines due to non-compliance.
Here are some reasons why using free cookie consent banners are risky and expose you to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) fines:
- Insufficient capabilities: Free solutions lack essential compliance mechanisms, such as lack of disclosure of categories and purpose of cookies, failure to provide a mechanism for users to change their preferences, and lack of documented record of consent. In summary free cookie consent banners do not meet CCPA and GDPR compliance cookie consent management requirements.
- Non-compliant cookie practices: Free cookie consent banners may not fully align with the requirements set forth by the CCPA and GDPR. They might not adequately inform users about the types of cookies being used fail to block cookies when a user doesn’t provide consent, or inform about the purposes for which data is collected, or the third parties involved.
- Inadequate consent collection: Free banners may fail to collect proper and legal consent from users. This could include not providing clear and specific information about the data processing activities associated with cookies, cookies being used, or not obtaining explicit consent when required.
- Limited support and updates: Free solutions may lack ongoing support and updates, leaving you vulnerable to non-compliance as privacy regulations evolve over time. It’s crucial to regularly update your consent mechanisms to stay in line with changing legal requirements.
- Data sharing with third parties: Some free cookie consent banners may share user data with third-party services without proper disclosure or user consent. This can violate privacy regulations and put you at risk of fines.
- Unclear data protection practices: Free solutions may not provide adequate information about how they handle and protect user data, potentially leading to non-compliance with data protection principles outlined in the CCPA and GDPR.
It’s crucial to thoroughly evaluate any free solution to ensure it meets the necessary compliance standards and safeguards your website from potential fines.
To mitigate these risks, consider investing in a comprehensive cookie consent management solution that is specifically designed for CCPA and GDPR compliance. These solutions offer robust features, customization options, ongoing support, and regular updates to ensure compliance with the regulations. While it may involve an initial cost, it can help protect your organization from potential fines and reputational damage associated with non-compliance.
CYTRIO provides an easy to use, fast time to value, and affordable Cookie Consent and DSAR Management platform. Sign up for free.
