Collecting data from users without their knowledge and without compliance with the Personal Data Protection Law (KVKK) has become a serious legal risk for websites. This tracking, particularly through the use of cookies, can lead to serious sanctions under the KVKK and GDPR if it doesn’t comply with transparency, consent, and data classification rules. Many businesses encounter incomplete or incorrect audits because they don’t fully understand the impact of these regulations on cookies.
So, what should you do as a website owner, agency, or developer? First, you should learn to distinguish between the types of cookies and the differences between mandatory and optional cookies. This distinction determines both which cookies can be run without user consent and which require explicit consent. This distinction also forms the foundation of your cookie policy.
In this article, we will explain in detail what mandatory and optional cookies are, how they are classified, what legal responsibilities they entail, and how the KVKK and GDPR view these cookies. ✅ The strategic information you need to establish an audit-ready structure, with practical examples, awaits you.
What are Mandatory and Optional Cookies? Basic Definitions to Avoid Confusion
When interacting with users on websites, many businesses fall into the misconception that “all cookies do the same thing.” However, classifying cookies according to their functions is crucial, both from a technical and legal perspective. Mandatory cookies are cookies that are absolutely essential for a website to perform its basic functions. Without these cookies, functions such as proper site operation, session management, language preferences, or shopping cart operations may be disabled. Therefore, under the KVKK and GDPR, obtaining explicit consent for mandatory cookies is not required. Because services cannot be provided without these cookies.
On the other hand, optional cookies serve functions that enhance the user experience or achieve marketing objectives. These include performance cookies, analytics cookies, targeting cookies and third-party advertising cookies. Obtaining clear, freely given, and informed consent is mandatory for the use of these types of cookies. These cookies are not directly related to the core of the service and penetrate deeper into personal areas when processing user data.
🧩 To make this distinction more clear, you can ask a control question: “Will my website not work without this cookie?” If the answer is “yes,” this cookie is mandatory; if you say “no, I only perform better tracking and analysis,” this cookie is optional.
Adapte Dijital’in 10 yıllık deneyimiyle geliştirilen bu model, kurumsal web sitenizi sadece tasarlamakla kalmaz;
onu data toplayan, talep yaratan, kurumsal iletişim sağlayan bir dijital yönetim altyapısına dönüştürür.
Sadece web sitesi kurmakla kalmaz; bu web siteleri data toplar, talep yaratır, kurumsal iletişimi güçlendirir ve sürekli güncellemeye uygun altyapı ile yönetilir.
Businesses that fail to make this distinction properly both undermine user trust and may face local regulations such as the Personal Data Protection Law (KVKK). Especially since many third-party cookies are used on e-commerce sites, it is crucial to ensure the correct “General approval” received without classification is not considered valid. ❌
Cookie banners are not just informational tools; they are also user experience interfaces. When aiming to obtain consent, it’s essential to direct the user’s attention. If the “Accept” button is bright and large, and the “Decline” button is dim and small, this is considered manipulative. Such approaches are considered dark patterns and carry the risk of criminal prosecution.
Furthermore, where the banner appears on the page, whether it disappears automatically, and whether options such as “Customize Cookies” are available are also criteria that determine the design’s compliance with the Personal Data Protection Law and the law. 🎨
When is Explicit Consent Considered Valid?
If the user continues to use the site without taking any action when they see a cookie banner, this is not considered explicit consent. For consent to be valid, the following conditions must be met:
- Information must be clear and understandable
- Consent (button, click, etc.) must be given with free will
- Separate consent must be obtained for each category
- Consent must be recorded and, if necessary, provable
This is where Adapte Dijital’s “Double-Layered Consent Infrastructure” comes into play, providing a platform that accurately interprets user behavior and complies with the law. It offers a fully compliant structure that guides users appropriately. ✅
How to Measure and Improve Banner Performance?
Your cookie banner may be legal, but is it effective? In other words, does it inspire user trust? It should be measured with metrics such as user consent rate, percentage of completion of the consent period, and number of users who visit and exit the “customize” screen.
This data allows us to optimize both the banner design and the tone of the content. Adapte Dijital, with its “Privacy Conversion Measurement Panel” that measures banner performance, creates solutions that not only ensure compliance but also ensure trust and a user-friendly experience. Forcing all cookies to be accepted at once, without distinguishing between their intended use, could lead to a serious violation of the Personal Data Protection Law (KVKK). ✅ 📊
How are Cookies Classified? A Transition from Technical to Legal
The classification of cookies used on the website is based not only on technical functions; It should also be done in accordance with legal obligations and user rights. While many companies today are content with dividing cookies simply as “session” or “persistent,” regulations such as KVKK and GDPR have made it mandatory to classify cookies in multiple layers based on their function, source, and impact on the user.
Adapte Dijital’in 10 yıllık deneyimiyle geliştirilen bu model, kurumsal web sitenizi kurumunuzu/markanızı anlatan, tanıtan, güven yaratan, talep oluşturan bir dijital yönetim platformuna dönüştürür.
Adapte Dijital, bu modelde bir konumlandırma ajansı olarak çalışır. Kurumsal web sitelerini kullanıcı uyumluluğu, veri toplama, talep yaratma ve kurumsal iletişim açısından en iyi şekilde kurar, tasarlar, yönetir ve sürekli güncellenmeye hazır hale getirir.
Technical classifications are based on details such as the cookie’s duration (session or persistent?), its purpose (functional or analytical?), and its source (first-party or third-party?). These classifications are important for system design and IT architecture. However, this technical distinction is not sufficient for legal compliance. Because not every technical cookie constitutes data processing; Similarly, some seemingly harmless cookies can turn into personal data processing.
Legal classification comes into play here. Legal regulations first distinguish cookies based on whether they process data and then on who they share personal data with and for what purpose. This raises the following questions: Does this cookie track user behavior? Does it serve profiling purposes? Is it transferred to a third-party advertising network? Questions like these necessitate that cookies be evaluated not only technically but also with their legal implications.
Furthermore, classification directly impacts the information texts presented to the user, the cookie preference panel design, and the consent process. Incorrect classification not only misleads the user but can also lead to violations and penalties under Article 10 of the Personal Data Protection Law (KVKK) and Article 12 of Law No. 6698.
In conclusion, instead of leaving cookie classification solely to technical experts, it is necessary to implement a model that integrates legal, IT, and expertise teams. This approach is not only the best way to ensure compliance, but also user trust and transparency. 🌐✨
What are the Types of Cookies Based on Duration?
Cookies are divided into two categories based on their duration: session cookies and persistent cookies. Session cookies are automatically deleted when the browser is closed and are typically used to track temporary user activity. Persistent cookies, on the other hand, remain on the device for a specific period of time and can track visitor preferences or behavior over time. While this distinction is important for improving the user experience, it should be evaluated separately within the scope of the Personal Data Protection Law (KVKK) because persistent cookies carry a higher risk of data processing. 🎯
How Are Cookies Classified Based on Their Source?
Cookies are technically divided into two categories: first-party and third-party cookies. First-party cookies are placed directly by the visited website and are generally used for the site’s basic functionality. Third-party cookies are installed by external service providers, advertising networks, or analytics tools and are often used to track users across different platforms. KVKK and GDPR specifically require that third-party cookies be clearly communicated to the user and consent obtained. 🌍
Which Types of Cookies Are Used According to Their Purpose?
Cookies are classified according to their purpose: Mandatory cookies, Preference cookies, Statistical (analytical) cookies, and Marketing (targeting) cookies. Without essential cookies, the site’s basic functions won’t work, and consent isn’t required. Other types of cookies are used for things like tracking and analyzing user behavior. Each purpose should be subject to a separate information and consent procedure. Forcing all cookies to be accepted at once, without distinction based on their intended use, could lead to a serious violation of the Personal Data Protection Law. ✅
Why is Classification Important for Legal Considerations?
Technical classifications may be important for businesses, but legal consideration is necessary to determine under what conditions cookies collect data from the user and whether this data is considered personal data. Not every cookie processes personal data, but some cookies process data such as browser tracking history, IP address, and location, which creates data liability. Therefore, classification shouldn’t be left solely to IT teams; legal, technical, and UX teams should work together to create a harmonious structure. 💼
Cookie Preference Panel Design and Compatibility
In today’s world, where websites are required to obtain explicit user consent, simply displaying a cookie notice isn’t enough. A true cookie preference panel should allow the user to choose in detail which types of cookies they want to accept or reject. This panel shouldn’t be just a technical box or an “accept” button; It should offer a structure that allows users to consciously give their consent, with a clear, understandable, and layered structure. In particular, the ability to individually approve optional cookies, such as analytics and advertising cookies, is mandatory for compliance with the KVKK and GDPR. 👁🗨
The cookie preference panel is not only a legal requirement but also a strategic area for gaining user trust. Today’s internet users want to know what data is being collected and for what purpose it is being used. Therefore, the titles, descriptions, and cookie groups included in the panel should be as simple, transparent, and guiding as possible. In addition to options like “Accept all,” options like “Manage preferences” or “Detailed settings” should also be clearly presented. Having all cookies enabled by default is a manipulative approach that “pretends to imply consent” and is unlawful.
For each cookie group in the panel, the purpose, data type, retention period, and third-party sharing information should be clearly specified. Furthermore, the panel should be accessible across different devices and screen sizes, providing the same user experience on mobile devices. When designing the panel, not only visual aesthetics but also comprehensive user experience (UX) design and legal compliance should be considered. 🎯
Finally, cookie management tools (e.g., CookieBot, OneTrust) integrated into the preference panel interface can facilitate this process. However, these tools alone are not sufficient; website owners cannot be exempt from legal liability. Logging, storing, and submitting each selection on the panel to the supervisory authority when necessary is the data controller’s obligation under the Personal Data Protection Law (KVKK). The panel must be designed with a holistic strategy, both technically and legally.
✅ Are Panels That Don’t Give Users the Right to Choose Legal?
Cookie panels that eliminate the user’s right to choose are against the KVKK and GDPR. In particular, offering an “accept only” option or pre-selecting all cookies and displaying a checkbox demonstrates that explicit consent is not freely given. True consent is possible through a choice with alternatives. 🔍 Therefore, the panel should clearly include options such as “reject,” “edit preferences,” and “reject all but mandatory.” Without consent, data processing cannot be performed.
✅ Layered Structure: How Should Information and Management Be Separated?
An effective cookie panel should adhere to the layered information principle. The first layer contains short and simple explanations; Users should be able to access details about each type of cookie by clicking a “see details” link to the second layer. 🎛️ This structure both protects the user experience and provides detailed information in accordance with legislation. Cookie name, purpose, duration, and sharing information should be included in the second layer. This allows users to both understand and make informed decisions. Without consent, data processing cannot be performed in accordance with KVKK.
✅ Mobile Compatibility and Accessibility Requirements
Cookie panels must be accessible not only on desktop but also on mobile devices. When opened on mobile, the panel’s ability to fill the screen, the readability of the text, and the clickability of the buttons are important. Additionally, accessibility criteria for individuals with disabilities (e.g., screen reader support, color blindness compatibility) must be observed. 📱 Otherwise, users would be “forced” to consent without being informed. This violates the concept of explicit consent.
✅ How Should Preference Records and Logging Be Done?
User preferences should be logged along with time stamp, IP address, and transaction details. These records serve as evidence in both auditing processes and user requests. For example, if a user claims, “I did not consent to cookies,” you can prove your case if you have recorded logs on your system. 🧾 The storage period for these records should be limited to periods compatible with the data processing purposes and should be specified in the privacy policies.
🧠 Let’s Summarize This Information – 📦 AI Summary Box
For Compliant Cookie Management Regarding Mandatory and Optional Cookies, You Should Note the Following:
- Mandatory cookies are necessary for basic functionality; Does not require user consent.
- Obtaining explicit consent is mandatory for optional cookies.
- Provide the user with a clear and understandable preference panel by classifying cookies.
- Your preference panel should include layered information, mobile compatibility, and opt-out options.
- Recording and logging preferences is critical for auditing and transparency.
- Take into account the differences between KVKK and GDPR and make legislation-specific configurations.
- Support the consent process with the principles of permission-based marketing, data responsibility, and anonymization.
✅ Conclusion: Build a System That’s Not Just Legal, It’s Trustworthy
Distinguishing between mandatory and optional cookies is a fundamental step not only for KVKK/GDPR compliance but also for building user trust. Your website’s cookie preference system should not only provide visitors with a sense of notification, but also a sense of control, transparency, and respect.
Brands that make a difference today are those that embrace digital responsibility not only technically but also ethically. If you want to be a brand that not only “avoids punishment” but also “is remembered with confidence,” rethink your cookie management. Requiring all cookies at once, without distinguishing between their intended use, could lead to a serious KVKK violation. ✅.
📞 Let Us Call You: Let’s Design Your Cookie Compliance Together
At Adapte Dijital, we develop customized solutions for you regarding KVKK and GDPR-compliant cookie policies, privacy structures, and consent-based systems.
Cookies in Terms of KVKK: Common Mistakes and Solution Suggestions During the Compliance Process You can learn more about the Consent Cookie Privacy Model by reading our article.
👉 If you want your website to be audit-ready, user-friendly, and 100% legally compliant:
You can visit the Red Makine website, where we implement the Consent Cookie Privacy Management Model, by clicking the link.
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