How to set up a Shopify cookie banner in compliance with the law

Most people find cookie banners annoying. Whenever you visit a new website, you first have to close the pop-up. Only then can you carry on browsing without any hassle.

The European Court of Justice is responsible for this change, which is inconvenient for users. However, it is actually in the user’s best interests, as it protects their privacy.

Things are set to become even more of a headache for online shop owners, as they will have to implement a cookie banner on their websites to comply with the law.

In this article, we explain the background to cookie banners and show you how to set them up in Shopify.

Before we go into detail, it is important to emphasise that we cannot offer legal advice, as we do not have any legal expertise. If you have any specific legal queries, we recommend that you consult a solicitor.

Does every website need a cookie banner?

Since 2019, cookie banners have been mandatory for any website that uses cookies, and therefore also for every Shopify store. Previously, the situation was somewhat unclear, but the European Court of Justice (ECJ) has since taken a clear stance: website visitors must consent to the use of non-essential cookies before they are used.

Operators of a Shopify shop must therefore implement a Shopify cookie banner that complies with the law. All essential and technically necessary cookies may be executed before the user gives their consent. All other cookies – that is, those used for tracking and marketing – must be confirmed via an opt-in. Furthermore, it is not permitted to design the cookie banner in a manipulative way to encourage users to opt in. For example, by making the confirmation button larger or using more attractive colours.

Cookies requiring consent may only be set once the user has opted in.

Further grey areas

The cookie banner debate has thus been resolved, but there is one area where we are still awaiting further clarification. It has not been defined what is considered essential and technically necessary, and what is not. Shopify operators will probably have to wait a little longer for a further ruling on this matter.

What options are there for setting up a Shopify cookie banner?

As Shopify is not based in the EU, there is no cookie banner function by default. That’s a shame, as Shopify’s main selling point is how easy it is for sellers to set up an online shop.

There are therefore two ways to set up a cookie banner:

• Coding a custom cookie banner
• Using a Shopify app

If you’re interested in integrating a customised cookie banner into your Shopify theme but don’t have any coding skills, please get in touch and we’ll be happy to help.

Alternatively, here are a few apps that might be worth considering.

Shopify Privacy & Compliance by Shopify

This app was released directly by Shopify one year after the court ruling in order to comply with EU requirements.

It is a free option for cookie banners and is therefore particularly appealing to smaller online shops. Unfortunately, however, it is not 100 per cent compliant with EU legislation. We therefore cannot recommend it.

Cookiebot by Usercentrics

Cookiebot is the world’s most widely used all-in-one solution for cookie banners. Cookiebot automatically detects all cookies and trackers on a website and blocks them until website visitors give their consent.

Every month, Cookiebot scans the website and generates a report on all the cookies it finds. This report can be viewed by all website visitors. Cookiebot is free for domains with up to 100 subpages. However, this comes with certain limitations. For example, there are no customisation options for the layout, nor does it support multiple languages. From a legal perspective, though, Cookiebot ensures you’re on the right side of the law.

There is one catch with Cookiebot, though: it cannot simply be installed as an app, but must be implemented via code. However, with the instructions provided, this shouldn’t be a problem even for beginners.

GDPR Legal Cookie

The GDPR Legal Cookie App also ensures 100% compliance. We use this for our clients as well. The app is developed by a German company, so they are very familiar with European requirements. The app is compatible with all cookies and tracking scripts used by your shop and your apps. All cookies are blocked as required until the user consents to their use.

The design can also be customised to suit your shop. At the moment, the app only supports German and English, but this is set to be expanded over time.

With GDPR Legal Cookie, the price depends on your Shopify plan.

Consentmo GDPR compliance

Here, too, you can achieve EU compliance with a comprehensive app. Users can decide which cookies they wish to accept and which they do not. It even supports all EU languages. Depending on the plan, there are plenty of configuration options. The free version already ensures compliance with EU regulations, although the banner design cannot be customised. Nevertheless, the app is a good, free alternative. Consentmo is therefore a clear recommendation.

A wide range of options for Shopify cookie banners

The Shopify cookie solutions presented here are our favourites. Of course, there are numerous other apps that promise EU-compliant cookie banners. However, this promise cannot always be kept. Even Shopify’s own in-house solution does not meet EU requirements. That is why it is important to find out about the features of the relevant apps in advance.

Conclusion

It is important to ensure your Shopify shop complies with the law, as non-compliance can have serious consequences. Every day, lawyers send out warning letters imposing heavy fines on website operators who are not compliant. With the Shopify cookie banner apps, you’ll at least be well-prepared in this area. Whilst we cannot offer you legal advice, as a Shopify agency we know the shop system inside out and can help you take your online shop to the next level.