When Is Consent Required for Analytics Cookies Under EU Law?

Under EU law, consent is required for analytics cookies because they typically track user behaviour to generate insights about website performance, which qualifies as processing personal data. According to the General Data Protection Regulation (GDPR) and the ePrivacy Directive, cookies that are used for analytics purposes fall into the category of non-essential cookies. These cookies collect information that can potentially identify individuals when combined with other data. As such, websites must obtain explicit consent from users before using these cookies, except in cases where the cookies are strictly necessary for the basic functioning of the website.

The rules state that users must be provided with clear and detailed information about the types of data cookies will track and the purposes for which the data will be used, before consent is obtained. Additionally, users must have the option to refuse or withdraw consent, and websites must respect their preferences, ensuring they can still access services even without consent for certain cookies.