Strictly Necessary Cookies

Definition

Cookies essential for website operation that enable basic functions like navigation, secure areas, shopping carts, and session management. These cookies are required for the site to work properly and cannot be disabled without breaking core functionality. Under GDPR Article 6(1)(f) and ePrivacy Directive interpretations, strictly necessary cookies can typically be set based on legitimate interests without explicit consent because they're essential to provide the service the user requested. Examples include: session cookies maintaining login state, security cookies for authentication, load balancing cookies distributing traffic, shopping cart cookies remembering purchases, and preference cookies storing accessibility settings. Organizations should carefully evaluate cookie necessity—marketing the distinction broadly creates compliance risks and user trust issues. Cookies should only be classified 'strictly necessary' if: the website cannot function without them, they serve technical rather than business functions, and no alternative exists. Cookie policies should clearly explain which cookies are strictly necessary and why, and cookie banners shouldn't require consent for these essential cookies.

Applicable Laws & Regulations

  1. 1GDPR Article 6(1)(f)
  2. 2ePrivacy Directive Article 5(3)
  3. 3CCPA

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