ON. WebMeter

Cookies and GDPR on your website

Almost every website has a cookie banner these days. What matters more is what happens on the page before the visitor clicks it.

Updated

Neither this page nor the check result is legal advice. We describe technical facts worth knowing; compliance with the GDPR and other rules is for a lawyer to assess.

Storing cookies and similar data (for example in localStorage) on a visitor's device, or reading them from it, is allowed without consent only if they are necessary for the website to work (shopping cart, login, saving the choice in the banner). Everything else, typically analytics and marketing, requires prior consent. This follows from the ePrivacy Directive (in the Czech Republic Section 89(3) of Act No. 127/2005 Coll., on Electronic Communications) and, for personal data, from the GDPR. Consent must be freely given and active, without pre-ticked boxes, and it must be as easy to withdraw as to give.

The most common problem is not a missing banner but analytics and advertising tags (Google Analytics, Meta Pixel, Google Ads and others) that fire as soon as the page loads, whatever the visitor chooses. Anyone with a browser can spot this, including a supervisory authority or a competitor.

  • Tags inserted directly into the website template or a tag manager without being tied to consent.
  • The first layer of the banner has no reject button, or it is hidden in the settings.
  • Categories are pre-ticked, or the banner merely announces “we use cookies”.

Analytics tags, chat, maps or embedded videos send the visitor's IP address and the page address to other companies. The report lists the third-party services the website loads before consent and the country of each operator.

WebMeter loads the homepage once in a real browser, does not click the banner, and records cookies set before consent and requests to known analytics and advertising services. It recognises common consent management tools, checks whether the first layer of the banner offers a way to refuse, and for Google Consent Mode tells whether the pings carry denied or granted consent.

It cannot see what happens after consent is given or on other pages, and it may not recognise services outside its list. If it cannot find the banner or cannot classify its buttons unambiguously, it gives no verdict on refusal. It does not assess your privacy policy, legal basis or purposes of processing.

Check your website for free

Enter your domain to see what fires on your homepage before consent, along with the other areas of your website.

Check website

Not sure what to make of the results? We offer a no-obligation consultation, just write to kontakt@webmeter.eu.

FAQ about cookies and GDPR

Do I need a cookie banner if all I use is Google Analytics?

Usually yes. Analytics and marketing cookies are not necessary for the website to work, so they may only be used after the visitor's consent. A website can do without a banner if it uses only necessary cookies. Czech law has no separate exemption for traffic measurement, so even “anonymous” measurement has to be assessed case by case.

Does the banner need a Reject button?

Refusing must be as easy as accepting. European supervisory authorities (the EDPB cookie banner taskforce, 2023) consider it a problem when the first layer of a banner offers only consent. WebMeter therefore flags it when the first layer offers one-click consent but no way to refuse.

Is WebMeter's result a legal opinion?

No. WebMeter describes technical facts: which cookies and requests to third-party services appeared before consent, and what the banner offers. Whether the processing complies with the GDPR and other rules is for a lawyer or a data protection officer to assess.

What is Google Consent Mode, and is it a problem before consent?

Consent Mode passes information about consent to Google services. In advanced mode it sends cookieless measurement pings even before consent. WebMeter distinguishes them: pings with consent denied and no tracking cookies are reported as low severity, measurement as if consent had been given although the visitor chose nothing as high. Even cookieless pings may not be fine without consent, though: according to European supervisory authorities the rules also cover reading data from the device, not just cookies.