The General Data Protection Regulation (GDPR) is a regulation of the European Union (EU) that became effective on May 25, 2018. It strengthens and builds on the EU’s current data protection framework. The GDPR replaces the 1995 Data Protection Directive. In a sense, the regulations work like a privacy policy↗.
Specifically, the regulation defines specific rules for the handling and storage of personal data, including cookies.
Cookies are small pieces of data that are stored on a user's computer or mobile device. They track a user's browsing behavior and preferences and can be used to target ads or collect information about a user's online activity.
Does GDPR Apply to All Cookies?
There is a lot of confusion surrounding GDPR and cookies, and whether GDPR applies to all cookies. The answer is, unfortunately, not that simple, as there are some exceptions to the rules of GDPR.
For instance, there are two types of cookies: first-party and third-party. First-party cookies are those that are set by the website you are visiting. Third-party cookies are those that are set by a separate party, such as an advertising company.
GDPR applies to third-party cookies, but not first-party cookies.
First-party cookies are necessary for web functionality, such as remembering login credentials or keeping track of shopping carts, and do not need to comply with GDPR. However, third-person cookies used for advertising or marketing purposes do, since they collect and store customer data such as names, addresses, and email addresses.
GDPR Cookie Consent Requirements for Collecting and Storing Data
One of the most significant changes brought about by the GDPR is that website owners must now get explicit consent from users before collecting or storing any data via cookies or other tracking technologies. This means that website owners must provide a clear and concise explanation of what cookies are, what data is to be stored↗, and how it will be used, as well as obtain unambiguous consent from users before setting any cookies.
Users must also have the ability to revoke consent at any time, and websites must provide a clear and easy-to-use mechanism for doing so. Failing to comply with the GDPR’s cookie requirements can result in significant fines.
How to Comply With GDPR Cookie Consent
When it comes to cookies and GDPR, there are a few key things businesses need to keep in mind to achieve and remain GDPR compliant↗. Consent must be explicit for cookies, meaning that a user has to take an affirmative action to agree to cookies being placed on their device. This can include ticking a box, clicking on a button, or accepting a GDPR notification↗.
Pre-ticked boxes are no longer allowed under GDPR. In addition, businesses must provide detailed information about the cookies being placed on users’ devices, including what type of personal data↗ is being collected and why. Users also have the right to withdraw consent at any time, and must be able to easily do so. Finally, businesses must ensure that their cookie policies comply with all other aspects of GDPR and are easily accessible and understandable by their potential users.
The GDPR's Effect on Business Cookie Policies
Since the implementation of GDPR, cookie policies have been changing all over the internet. Websites that have not made changes are being forced to do so by EU regulators. For example, Google has been fined $57 million↗ for not complying with GDPR regulations. Their cookie policy has changed to require consent from users in order to store a cookie on their device.
Much like Google, many websites are making changes to how cookies are used and stored. These changes range from requiring consent to simply providing more information about how cookies are used. The goal of these changes is to ensure that users understand what cookies are and how they’re being used, which is essential to protecting the personally identifiable information of users↗. This is especially important with GDPR in place, as users now have the right to know what data is being collected about them and how it’s being used.
If you’d like to learn more about data collection, take a look at our post about understanding the differences between confidential and sensitive information↗.
Cookie Consent Banners: What Your eCommerce Store Needs
Your Shopify or BigCommerce store likely uses a cookie consent banner—that popup that appears when visitors first land on your site. This isn't optional under GDPR; it's required. The banner must clearly explain what cookies you're using before any tracking pixels fire.
Here's what matters for your store: visitors need to see the banner before Google Analytics, Meta Pixel, or any third-party tool starts collecting data. If your current setup loads these scripts before consent is given, you're violating GDPR. Many eCommerce brands accidentally break this rule because their theme or app loads tracking code by default.
Your cookie banner should let visitors:
- Accept all cookies at once
- Reject non-essential cookies (without blocking site functionality)
- Choose which specific cookies to allow
Pre-checked boxes are not allowed—each cookie category must require an active choice. Users also need a way to change their preferences later, ideally via a link in your site footer or a preferences center.
If you use Klaviyo for email marketing, that integration likely requires consent too, since Klaviyo tracks email opens and clicks. Same applies to product recommendation engines or live chat tools. Every third-party script tied to personal data collection needs explicit consent documented in your banner.
Test your setup: visit your store in an incognito browser and check that tracking doesn't start until after a visitor clicks accept. If it does, your banner isn't functioning correctly and you're exposed to GDPR fines.
DSAR Requests and Your Obligations to Customers
GDPR gives your customers a powerful right: they can request all data you hold about them. This is called a Data Subject Access Request (DSAR). Your eCommerce brand must respond within 30 days.
For an online retailer, DSARs can reveal:
- Order history and delivery addresses
- Email subscription data stored in Klaviyo or similar
- Behavioral tracking from Google Analytics or Facebook Pixel
- Chat logs from customer service tools
- Payment information (though you typically shouldn't store full credit card details)
Many brands don't prepare for these requests until one arrives. Then they panic trying to pull data from fragmented systems—your Shopify backend, email platform, analytics account, and customer service tool all store different pieces.
Here's what you need: a documented process for handling DSARs. Assign someone responsibility for responding. Create a checklist of where customer data lives in your stack. Test your ability to extract all information about one customer within your 30-day window.
You're also required to provide the data in a portable, machine-readable format—usually a spreadsheet or PDF. If a customer says "send me everything," you can't just hand them screenshots.
Some brands also face requests to delete data (the right to be forgotten). Unlike DSARs, deletion requests are more complex for eCommerce because you may need to keep order records for accounting or tax compliance. You can refuse if legal or regulatory requirements demand you keep the data, but you must explain this clearly to the customer.
How Analytics and Pixel Tools Affect Your Compliance
Google Analytics, Meta Pixel, and similar tools collect behavioral data about your visitors. Under GDPR, this counts as personal data processing—even if you only see anonymized reports. The pixel fires when a visitor lands on your site, and if that person is in the EU, you need consent before it runs.
This creates a real tension for eCommerce brands: you want conversion data and audience insights, but you can't collect them freely anymore.
The technical fix is to load these scripts only after consent is granted. Your cookie consent tool should block these pixels until a visitor clicks accept. However, many Shopify apps and themes come with tracking pre-installed and difficult to disable.
Another consideration: if you use Meta Pixel for retargeting ads or lookalike audiences, you're sending EU visitor data to Meta's US servers. GDPR doesn't forbid this, but you need a legal basis to do it—typically explicit consent. Some brands also require a Data Processing Agreement (DPA) with Meta, though Meta's current terms often cover this.
Google Analytics has a similar issue. Google offers a "consent mode" that partially anonymizes data if visitors don't consent, which can help you comply while still gathering some insights. It's not perfect, but it's better than nothing.
The practical takeaway: audit which scripts and pixels your store uses. Disable or delay those that aren't essential. Prioritize consent for any tool that identifies individuals or sends data outside the EU.
Regional Variations: GDPR Is Not the Only Rule
GDPR applies to any business targeting EU residents—even if you're based in the US or Asia. But it's not the only privacy regulation you need to know about. If your eCommerce brand ships to the UK, you also comply with UK GDPR (similar rules, separate enforcement). California has CCPA, Virginia has VCDPA, and Canada has PIPEDA.
These laws don't always align. GDPR requires consent before collecting data. CCPA typically requires notice and an opt-out option. This means your single cookie banner may not satisfy all regions.
Many brands solve this by using a Consent Management Platform (CMP) that adapts the banner based on visitor location. If someone visits from California, they see a different consent flow than an EU visitor.
For eCommerce, this matters because your international customer base likely spans multiple legal jurisdictions. A Shopify store selling to 10 countries probably needs to comply with rules in at least 3–4 of them. Building this piecemeal—separate policies, separate banners, manual region detection—creates compliance gaps and headaches.
Start by mapping where your customers actually live (Shopify reports this). Prioritize compliance in your top 5 regions. Then implement a solution that can scale as your business grows.
As your eCommerce operation grows, managing consent manually becomes impractical. You're juggling multiple cookie categories, different regional rules, DSAR responses, and pixel configurations across multiple platforms. A proper consent management system lets you centralize these decisions, document consent for audit trails, and adapt your setup as regulations evolve.