In the digital age, data privacy has become a responsibility not only for large companies but also for businesses of all sizes. KVKK-compliant management is crucial, but many businesses can face hefty fines or a loss of user trust due to simple but critical mistakes made in this process. The perception of cookies as “harmless little files” often results in misconfigured banners, incomplete disclosure text, and ineffective consent management.
In this article, we will take an in-depth look at the most common KVKK non-compliances in cookie management. We will also offer step-by-step solutions to prevent these mistakes. If you want to transform your cookie policy from a mere “showcase document” into a true compliance shield, this guide is for you. 📊✅
The Most Common KVKK Non-Compliances on Websites
From the moment users enter a website, a lot of data begins to be processed. This data covers a wide range of types, from technical cookies to marketing cookies. However, this process must be conducted within a legal and ethical framework. From the perspective of the KVKK (Personal Data Protection Law), many businesses have serious shortcomings in this regard. The basis of non-compliance is often a lack of knowledge, incorrect implementation, or a “we’ll be fine” approach. This can lead to both financial penalties and damage to the brand’s reputation.
One of the most common non-compliances is the use of cookies without user consent. Many websites, even though they display a cookie banner, activate cookies before the user has consented. This is directly considered data processing without explicit consent. Furthermore, the banner usually contains an “accept” button, but offers no option to decline, customize, or provide detailed preferences. This constitutes a violation of the double-opt-out right.
Another common error is incomplete or inaccessible information texts. The Personal Data Protection Law (KVKK) requires the data controller to inform the user about personal data processing processes. However, many sites either lack a link to a cookie policy or are filled with technical jargon and lack clarity. This leads to users not understanding their rights. 😟
Finally, the failure to record and manage consent is a significant inconsistency. Even if the user makes a choice, it cannot be updated or canceled. Furthermore, no system has been established to ensure that these preferences are stored and can be proven when necessary. This creates a weakness in terms of the “burden of proof of consent” in a potential audit.
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.
🔎 In short, these fundamental mistakes made on websites cause cookie policies to become a mere sham and prevent the development of a true data protection strategy. In the remainder of this article, we will offer effective and sustainable solutions to these errors.
Cookies Placed Without Explicit Consent
Many websites run marketing and targeting cookies as soon as the user enters the site. However, according to the Personal Data Protection Law (KVKK), explicit consent is required for these cookies to be activated. Using cookies without informing the user and obtaining their consent constitutes unlawful data processing.
The cookie banner with the Accept button is often displayed as a mere formality. No option is provided to decline or manage the preferences. This is considered “manipulation of consent” and may be subject to administrative fines by the Board. 🎯
Failure to Save and Update Consent Preferences
Once the user has made a cookie choice, this choice must be logged and stored in the system. However, many businesses do not record this choice or offer users the opportunity to change their choice.
This is where “accountability,” one of the fundamental principles of the Personal Data Protection Law (KVKK), comes into play. It must be systematically demonstrable when and how the user’s consent was obtained, and which choice they made. Otherwise, the data controller is deemed to have breached their obligations. ✅
Insufficient or Hidden Information Text
Information texts on websites are often hidden at the bottom of the page, invisible. However, these texts should clearly explain to the user the purpose for which cookies are processed, with whom they are shared, and their rights.
Moreover, many texts are full of technical terms and lack simplified language. Users don’t need to be legal experts to understand how their data is being processed. This means that the obligation to inform them is not fulfilled. 🤔
Including All Cookies in the “Mandatory” Category
Some websites classify not only technical cookies that support functionality but also analytical and advertising cookies as “mandatory.” This circumvents explicit consent.
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.
The KVKK and GDPR only consider cookies that enable system operation as “mandatory.” Attempting to misleadingly present cookies that require explicit consent as mandatory is a serious non-compliance and directly violates user rights. ⚠️
5 Essential Steps to Creating a Compliant Cookie Policy”
Simply publishing a “cookie policy page” isn’t enough for your website to be fully compliant with KVKK. What’s crucial is that this policy is truly enforceable, transparent to the user, integrated with technical systems, and manages consent processes correctly. Otherwise, serious risks arise, both legally and in terms of user experience. Creating a compliant cookie policy is actually a systematic process that proceeds in five essential steps.
First, a comprehensive inventory of all cookies used on your website should be created. This inventory clearly identifies which cookies are essential, analytical, functional, or advertising-focused. Without this classification, the policy text remains merely abstract statements. 🎯
Secondly, the purposes and duration of these cookies should be transparently defined. The user should clearly see what information is being collected, for what purpose, how long it is stored, and with whom it is shared. This transparency both builds trust and fulfills the “certainty” principle of the Personal Data Protection Law (KVKK).
Thirdly, a cookie management mechanism should be implemented. The user should be presented with options such as “Accept,” “Reject,” and “Manage Preferences.” These preferences should be logged in the system, and they should be able to update their preferences at any time. This mechanism is the concrete equivalent of the principles of explicit consent and right to withdraw as set forth in the KVKK. ⚙️
The fourth step is to ensure that the cookie policy text is simple, accessible, and up-to-date. It should be clear of complex technical jargon, use language everyone can understand, and be reviewed and updated at least once a year. Outdated policies may provide a misleading or incomplete portrayal of data processing processes.
Finally, this cookie policy should be compatible and integrated with the privacy policy, information statement, and user agreement. This way, all legal texts on your website holistically reflect the data processing process presented to the user. 🎯
Create a Cookie Inventory: What Types of Cookies Are Used?
If you don’t know which cookies are active on your website, it’s impossible to create an effective policy. As a first step, you should prepare an inventory that analyzes all cookies running on your system. This inventory should include the name, provider, duration, type, and purpose of the cookies. In particular, classifications such as essential, functional, analytical, and advertising cookies should be clarified. 🎯 This ensures transparency and simplifies integration with cookie management tools.
Clarify the Purposes and Durations of Use
For user consent to be valid, it must be clearly stated which information is being collected and why. The function of each cookie and how long it will be stored should be clearly stated in the cookie policy. This transparency aligns perfectly with the KVKK’s “explicit consent” and “obligation to inform” principles. Furthermore, if users know which data is being processed by which analysis tool, their level of trust increases. 🎯 This way, not only legal but also ethical communication is established.
Establish a Mechanism for Consent Management
It’s necessary to provide active consent management, not just publishing text. To this end, users should be given the opportunity to make choices through cookie banners, preference management boxes, or modal windows. Users should be able to change their consent at any time, and these preferences should be logged in the system. Such a structure meets the “freedom of consent” and “right to revoke” principles of the Personal Data Protection Law (KVKK). 🎯 This system can be easily integrated with tools like Cookiebot, OneTrust, or GTM.
Keep Your Policy Accessible, Understandable, and Up-to-Date
No matter how well-written your cookie policy is, it is ineffective if users cannot access and understand it. The policy text should be written in plain language, preferring user-friendly terms over jargon. Furthermore, this policy should be placed in conjunction with the privacy policy and disclosure text. It should be updated at least annually, and changes should be clearly communicated to the user. 🎯 These regular updates demonstrate your company’s commitment to transparency and accountability.
Guide to Adding a Cookie Policy for WordPress and E-Commerce Sites
Correctly integrating this policy into your website is as critical as preparing a cookie policy. Especially for WordPress-based websites and e-commerce platforms, this process is not only a legal obligation but also a factor that directly impacts the user experience. Incorrectly placed or annoying cookie banners can lead to a loss of both trust and conversion rates. Therefore, the accessibility, design, updatability, and user interface compatibility of the cookie policy page are crucial.
💡 There are many plugins available for WordPress-based websites that simplify this process. Similarly, businesses selling on marketplaces like Trendyol or stores using the Opencart infrastructure are required to implement a cookie policy compliant with the Personal Data Protection Law (KVKK). The most important element to consider in this process is the provision of a control interface where users can manage which cookies they consent to. 👇 Now, we’ll explain the most important elements you should pay attention to in this process, step by step.
How to Add a Cookie Policy on WordPress?
WordPress offers various ways to create a user-friendly cookie policy page. The most common method is to create a page, add the policy text there, and link to it in the site footer. Additionally, plugins like CookieYes, Complianz, and GDPR Cookie Consent allow you to easily add both cookie notification banners and user consent forms. ⚙️ These plugins also ensure that user preferences are saved and logged in compliance with the GDPR.
Where Should the Policy Page Be Placed on E-Commerce Sites?
User trust is vital on e-commerce sites. Therefore, the cookie policy is generally placed in the footer menu, i.e., at the bottom of the page. However, it’s also a good practice to link to this policy in areas like the payment process, user registration pages, and first-time login alerts. 🛒 The cookie notice banner, in particular, should appear immediately upon page opening, ensuring the system doesn’t collect data without the user making a choice.
How to Integrate with Automatic Consent Management Tools?
Tools like Cookiebot, OneTrust, and CookiePro automatically detect cookies on your site and integrate their information into a consent panel. Users can customize their preferences here, and these preferences are securely logged. ✅ During this integration process, JavaScript code placement must be tested to ensure it doesn’t create conflicts in the browser. Ready-made modules for WordPress make this process much easier.
Is Your Cookie Policy Page SEO-Friendly?
While a cookie policy page is generally considered a “legal obligation,” optimizing it for search engines can increase user trust. It’s important to include keywords like “cookie policy,” “KVKK,” and “privacy policy” in the title, meta description, and page content. 📈 Additionally, linking this page to other policy texts internally enhances the user experience and creates an authoritative structure.
Common Mistakes: The Most Common Deficiencies in Cookie Policies
Small mistakes made when preparing cookie policies can put your company at serious risk under regulations like KVKK and GDPR. Moreover, these mistakes have negative consequences not only in terms of legal ramifications but also in terms of user trust and brand reputation. 😟 If the hundreds of “ready-made policy texts” or “templates” available online are not used correctly, you not only violate your obligation to inform your visitors but also encounter gaps you won’t be able to explain during potential audits.
In this section, we’ll discuss common mistakes businesses encounter when preparing or integrating cookie policies into their sites, along with auditing practices, user experience, and legal interpretations. 💡 Whether you own a small blog or run a large e-commerce business, Knowing the following common mistakes in advance will protect you from potential risks.
Using Uniform Text for Everyone
Many companies use generally accepted cookie policy texts downloaded from the internet as is. However, these texts may not include the types of cookies the company uses, the purposes for which they are processed, and to whom the data is transferred. For example, if an e-commerce site uses marketing cookies, this detail must be clearly stated. ⚠️ Otherwise, the user will be presented with misleading content, which poses a serious legal risk.
Listing Cookies Without Classifying Them
It’s a very common mistake to present essential, analytical, functional, and targeting cookies in a single block without separating them in the cookie tables presented to visitors. Each cookie type should be explained separately so the user can make an informed choice. 🎯 Furthermore, simply offering an “ok” option instead of “approve” is not considered valid explicit consent.
Inaccessibility of Banner and Consent Boxes
On some sites, cookie warning banners are designed to be either completely invisible or impossible to close. On mobile devices, overlapping pop-ups and warnings that cover page content disrupt the user experience. 📱 Additionally, running analytics or targeting cookies without consent is also against the Personal Data Protection Law. An interface should be provided where the user can easily update their preferences.
Failure to Track Updates and Versions
Cookie policies should be updated periodically. When a new third-party service is added to the site or the data processing method changes, the cookie notice and policy text should be revised accordingly. ⏳ Furthermore, recording and logging these changes strengthens your hand during audits. This frequently overlooked detail is one of the areas where data controllers face the most difficulty in audits.
How to Create a Cookie and Privacy Policy for Mobile Apps?
Creating a cookie and privacy policy for mobile apps requires much more than simply copying the regulations from websites. 📱 Because the data collected in the mobile ecosystem can include much more sensitive and comprehensive information, such as device information, location data, and in-app browsing habits. Furthermore, most of this data begins to be collected not when the app is downloaded, but when the user first opens the app. This makes the consent and disclosure processes more complex than in the web environment.
Many companies leave their privacy policies until the final stage of mobile app development, or simply settle for basic disclosures that meet App Store and Google Play requirements. However, when considering the combination of KVKK, GDPR, and App Store policies, mobile app policies must be both integrated into the user interface and adhere to the principle of transparency. 🌐 It is critical that explicit consent boxes are designed to be mobile-friendly, easily accessible, and easily editable.
In this section, we will examine the critical elements to consider when creating a cookie and privacy policy for mobile apps, along with examples and regulatory expectations. 🚀 If you’re ready, let’s get into the details with the next H3 headings.
Should a Disclosure Text Be Presented at App Launch?
When a user first logs in to a mobile app, the purpose for which the data will be processed should be clearly stated. 📜 Especially in cases where sensitive data such as location, camera, or microphone is being processed, this disclosure text should be presented directly to the user. The text should be simple, clear, and visible on the app’s first launch screen. This application fully complies with the KVKK within the scope of the “prior information principle.”
How Are Mobile Cookies Defined?
The technical equivalent of cookies in mobile applications is generally SDK (Software Development Kit)-based tracking technologies. 📲 This data collected through tools such as Firebase, Facebook SDK, or Google Analytics serves as a cookie. However, these cookies cannot be used without explicit consent from the user. Avoid the trap of “silent data collection” in mobile applications; The purpose, duration, and transfer of cookies to third parties must be specified.
Compliance with App Store and Google Play Policies
Apple and Google require their privacy policies to be clearly stated in their app stores. 🔐 However, this obligation is not limited to simply sharing a link. The content of the privacy policy must be clear enough for the user to understand the data processing processes. This policy must also be accessible within the app. The App Store requires the policy in English; However, offering a Turkish version for local users improves the user experience.
What Should the Consent Management Interface Look Like on Mobile?
The consent management interface presented to users on mobile devices should be clear, easy to close, and accessible at any time. 🔄 “Accept,” “Decline,” and “Manage Preferences” options should be clearly presented. A settings tab or a link in the menu should be provided within the app so that the user who has given consent can later change their decision. Otherwise, the freedom of consent is violated, and the consent is considered invalid.
Indispensable Elements of a Cookie Policy Compliant with KVKK and GDPR
When collecting user data on websites or mobile applications, compliance with data protection regulations such as KVKK and GDPR is not just an option, but a mandatory obligation. In particular, when data such as user behavior, device information, or identifiers are processed through cookies, these actions must be transparently disclosed. So, how should a cookie policy be structured to be both legally compliant and user-friendly?
While many businesses believe they have published a cookie policy, these texts often lack critical information such as the scope of user consent, third-party data sharing, or retention periods. However, the principles of data minimization, explicit consent, disclosure, and accountability form the foundation of cookie policies. 💡 Furthermore, a dynamic and up-to-date structure that covers not only website users but also mobile app users is necessary.
Under this heading, we will discuss in detail the essential elements that a cookie policy that is fully compliant with both KVKK and GDPR should contain. 🔍 This way, you not only fulfill your legal obligations but also build a trust-based digital relationship with your visitors.
The Distinction Between Essential and Optional Cookies Should Be Clear
One of the most frequently overlooked issues in cookie policies is the lack of a clear distinction between essential and non-essential cookies. 🔍 For example, cookies that store login information are considered essential, while advertising, analytics, or personalization cookies are optional. Categorizing cookies without making this distinction could lead to tracking without user consent, which could be considered a direct violation of the Personal Data Protection Law (KVKK).
Third-Party Sharing Should Be Clearly Disclosed
Situations where visitor data is shared not only within the organization but also with third-party service providers are quite common. Tools like Google Analytics, Meta Pixel, and Hotjar process the data they collect on their own servers. Therefore, simply telling the user “we collect data” is not sufficient. With whom it is shared, for what purpose it is transferred, and if data is transferred abroad, this should also be clearly stated. 🌍
Retention Periods Must Be Specified and Remain Up-to-Date
A cookie policy compliant with KVKK and GDPR must clearly explain how long each type of cookie is retained on the device. ⏳ For example, session cookies only last until the browser is closed, while some advertising cookies can be active for 24 months. Users want to know which data is stored and for how long, and to consent accordingly. Therefore, it is important to update the policy periodically.
User Consent Should Be Provided with an Interface
One of the most critical issues is providing the user with an interface where they can actively manage their consent. This could be a cookie box or a “manage preferences” page. The user should be able to disable optional cookies at any time, and this preference should be recorded by the system. 📲 Otherwise, the consent received is not considered valid. This structure fully complies with both the GDPR’s “opt-in” approach and the KVKK’s explicit consent principle.
🧩 Conclusion: Just Writing a Policy Isn’t Enough, Build Trust
A cookie policy is not just a website footnote or a legal obligation. A properly prepared, transparent, and up-to-date cookie policy is a powerful tool that demonstrates your brand’s digital responsibility, the value you place on users, and your adherence to the law. Therefore, each paragraph is not only legal; You should also consider user experience and digital reputation.
Regulations like KVKK and GDPR are not just sets of rules that must be followed; they are also the cornerstones of building a more ethical, accountable, and user-friendly digital world. By correctly structuring elements such as accurate categorization, clear consent mechanisms, transparent data sharing, and timely updates in your cookie policy, you will both inform your visitors and build a trust-based relationship with them. 🔒
Go beyond copy-and-paste templates; create a policy specific to your industry, target audience, and technology structure. This way, you’ll have a digital asset that’s not only “compliant with the law” but also “high in brand value.”
📌 About This Content
This article aims to strategically explain what to consider when preparing a cookie policy, the KVKK and GDPR compliance processes, and best practices. For more information on digital compliance and data privacy, please check out the other installments of our article series.
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