Cookies: non-essential trackers do not start by themselves
Updated on October 24, 2026
As soon as a cookie or tracker relates to an identified or identifiable person, the FADP applies. Cookies strictly necessary for the service the person asked for, such as a basket or a login session, may be set to perform that service. Detailed analytics and advertising cookies are not necessary to display the page. Switching them on before an informed choice does not respect proportionality and purpose limitation. The banner must make refusal as simple as acceptance. The FDPIC has recalled these requirements.
The relevant article
The privacy notice lists the trackers actually used. A banner that disappears without a choice does not document consent.