Can A Website Store Cookies Without User Consent?

Cookies are small data files stored on users’ devices to enhance website functionality, track usage, and personalize experiences. However, storing cookies without user consent raises privacy concerns and is regulated by various data protection laws worldwide.

Can A Website Store Cookies Without User Consent?

Legal Requirements:

Under privacy laws like the EU’s GDPR and similar emerging frameworks globally, including India’s evolving data protection laws, websites must obtain informed consent before storing cookies that collect personal data or track users.

Types of Cookies:

• Strictly Necessary Cookies: These are essential for website operation (e.g., session cookies) and may not require explicit consent.
• Non-Essential Cookies: Such as tracking, advertising, or analytics cookies require explicit user consent before being placed.

Transparency and Consent Mechanisms:

Websites should provide clear cookie policies explaining what cookies are used, their purpose, and obtain user consent via pop-ups or banners before storing non-essential cookies.

User Control:

Users should be able to accept, reject, or customize cookie preferences easily, ensuring meaningful control over their data.

India’s Legal Context:

While India does not yet have a comprehensive cookie-specific law, the IT Act and proposed Personal Data Protection Bill emphasize user consent and transparency in data collection, including cookies.

Consequences of Non-Compliance:

Failure to obtain proper consent may lead to regulatory penalties, legal claims, and reputational damage.

Example

Scenario:

A news website places analytics cookies to track reading habits but provides no cookie notice or consent option.

Outcome:

Users’ privacy is compromised, and the website risks complaints to regulatory bodies and loss of user trust.