Marketing checkbox prechecked?

Hi @papgeo,

Thanks for reaching out!

If you use a cookie consent banner with checkboxes, make sure that the marketing category is not pre-ticked.

Please read Is it GDPR compliant to have all 4 checkboxes in the banner pre-ticked? for more information.

For those that have had the marketing-checkbox pre-checked, we have an option in our Manager to Renew existing user consents.

Here’s a checklist of what you need to do to comply with the GDPR;

Ready for 25 May 2018 (GDPR enforcement date)? A Cookiebot checklist.

Thanks for your reply. The thing is this way most of the people won’t take action to tick (in my perspective), so Google Analytics and Google AdSense ads won’t appear. Am I right?
So the websites I visited and have Marketing pre-ticked will have to untick it? Because I saw your plugin in 3 websites and have it ticked.
Also, in the link you sent me it says:

“Whether this applies also to your website depends on whether you have correctly anonymized your statistics data and on what other cookies are in use on your website in those categories. Therefore, do check your own website before applying our banner settings to your own banner.”

By that, do you mean that if we are anonymizing ips in GA, we won’t have un-tick ‘Marketing’?

UPDATE: I just visited a website that has your plugin in the following way:
It has only Necessary cookies checked and has two options above
– Use necessary cookies and continue
– Allow all cookies and continue

Is that kind of using your plugin correct and accordance with gdpr?

• This reply was modified 6 years, 6 months ago by PapGeo.
• This reply was modified 6 years, 6 months ago by PapGeo.
• This reply was modified 6 years, 6 months ago by PapGeo.

@papgeo

Yes, we are recommending everyone to untick the marketing checkbox in order not to risk being non-compliant after 25 May. If we receive a formal clarification that says otherwise, then we’ll let all our users know. But as long as we do not have any formal clarification, we need to rely on what is written in both the GDPR legal text and the latest WP29 Guidelines on consent (wp259rev.01). It will probably result in fewer users actively opt-ing in to marketing cookies, yes, but there is not much to do about it at this stage – let’s see if the EU modifies the interpretation (we’re sure many are hoping for this).

The text you are quoting is information for those users who use GA or similar for statistics purposes (only) and have not set up their analytics to anonymize user data. In that case, the statistics category *also* contains personal data and should therefore be un-ticked – just like the marketing category *also* should. There is no argument – for now – for having the marketing check-box pre-ticked, sorry.

Regarding the banner you saw on the other website, we cannot evaluate if its use is compliant or not – it depends on the kind of personal data handled by that website. If for example your users’ personal data are being used for more than one purpose, then it should be possible for the user to opt-in and opt-out of each of those different purposes. Details about the banners are here: https://support.cookiebot.com/hc/en-us/articles/360004413993 but if you are in doubt about the interpretation of GDPR and how it will be enforced after 25 May 2018, then you should reach out to your national Data Protection Authority for guidance – contact details can be found here: https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080