Tracking cookies in 2025: what you need to know

The digital landscape has undergone significant transformation since the General Data Protection Regulation (GDPR) was implemented in 2018. Now, seven years later, tracking cookies and user privacy have evolved dramatically. For businesses maintaining websites and digital services, understanding the current requirements is essential for both compliance and maintaining user trust.

The evolution of cookie tracking since GDPR

When GDPR first launched, many organisations scrambled to implement cookie banners and consent mechanisms, often without fully understanding the requirements. Those early days were full of confusion and inconsistent approaches.

Today, after years of regulatory enforcement, court decisions, and technological advancements, we have a much clearer picture of what proper cookie compliance looks like.

Looking for help with consent implementation? Or just wanting to check if you're doing. things right?

What we've learned since 2018

1. Consent Must Be Truly Voluntary - Pre-checked boxes, cookie walls that block access without consent, and ambiguous button language have all been ruled non-compliant by European data protection authorities.
2. Legitimate Interest Is Limited - Initially, many companies attempted to use "legitimate interest" as a legal basis for tracking cookies, but regulatory decisions have consistently narrowed this option to only legitimate uses.
3. Cookie Fatigue Is Real - Users have developed "banner blindness," often clicking whatever option removes the cookie notice fastest, undermining the principle of informed consent.
4. Technical Implementation Matters - It's not enough to collect consent; your website must actually honor those preferences by preventing unauthorized cookies from being set.

Current cookie requirements in 2025

As we navigate 2025, here are the essential requirements for cookie compliance:

Transparency requirements

• Clear Language: Cookie notices must use plain, understandable language free of legal jargon.
• Granular Options: Users must be able to accept or reject different categories of cookies separately (necessary, functional, analytics, marketing).
• Accessible Information: Detailed information about each cookie's purpose, duration, and the data controller must be readily available.
• Data Recipients: Clear disclosure of which third parties receive data collected via cookies.

Technical requirements

• No Pre-Loading: Tracking cookies cannot be loaded before consent is given, even temporarily.
• Consent Management: Your system must record when and how consent was given, and allow users to withdraw consent easily.
• Cookie Lifespans: Marketing and tracking cookies should have reasonably limited lifespans, proportional to their purpose.
• Respect Browser Settings: Websites must respect browser-level cookie controls and signals like Global Privacy Control.

Documentation requirements

• Records of Consent: Maintain comprehensive records of user consent that can be provided to authorities if required.
• Data Processing Agreements: Ensure valid agreements are in place with all third parties receiving cookie data.
• Regular Audits: Conduct and document regular audits of your cookies and tracking technologies.
• Cookie Policy Updates: Keep your cookie policy current with any changes to your tracking practices.

Cookie alternatives and privacy-preserving technologies

The era of unrestricted third-party cookies is nearing its end. Major browsers like Safari and Firefox have long blocked them by default, while Google Chrome—the largest player—continues its phased deprecation as part of the Privacy Sandbox initiative.

Although full elimination is not yet complete across all platforms, businesses are already adapting. The following  approaches are gaining traction in 2025 as privacy-preserving alternatives:

First-party data strategies

Organisations are increasingly focusing on collecting and leveraging first-party data—information collected directly from your users with their consent. This approach not only satisfies regulatory requirements but often results in higher-quality data.

Privacy-preserving analytics

Modern analytics solutions now offer privacy-preserving options that provide valuable insights without tracking individual users across sessions or websites. These technologies use techniques like:

• On-device processing: Analyzing user behavior on the user's device rather than sending raw data to servers.
• Differential privacy: Adding statistical noise to data sets to protect individual privacy while preserving useful patterns.
• Aggregated reporting: Providing only aggregated metrics rather than individual-level data.

Server-side processing

Server-side tag management is becoming standard practice, allowing businesses to:

• Reduce the number of cookies set directly in the user's browser
• Better control what data is shared with third parties
• Improve site performance by reducing client-side code

Cookie security best practices

While cookie management primarily falls under GDPR and ePrivacy requirements, implementing robust security measures for cookies remains a critical aspect of overall web security:

• Security Vulnerabilities: Poorly implemented cookies can create security vulnerabilities, making proper configuration essential for protecting user data.
• Cross-Site Scripting Protection: Proper cookie attributes (Secure, HttpOnly, SameSite) are fundamental security measures that help prevent various attacks, regardless of regulatory requirements.
• Supply Chain Risk: Third-party cookies and tracking technologies represent potential security risks in your digital ecosystem that should be carefully managed.
• Data Breach Considerations: While the NIS2 Directive focuses on critical infrastructure cybersecurity rather than cookie-specific requirements, any data breaches involving personal data collected via cookies remain subject to GDPR breach notification requirements.
Note: The NIS2 Directive primarily addresses cybersecurity obligations for essential and important entities in critical sectors. Unless your organization falls within NIS2's scope (medium to large enterprises in specified critical sectors like energy, transport, or digital infrastructure), these cybersecurity requirements may not directly apply to your cookie management practices.

Getting started with cookie compliance

Implementing proper cookie compliance requires a systematic approach that covers technical implementation, legal documentation, and ongoing monitoring. Whilst the principles outlined above provide the foundation, successful implementation requires detailed planning and execution.

The key steps include conducting a comprehensive cookie audit, implementing proper consent management, updating your legal documentation, and establishing regular compliance reviews. Each step involves specific technical requirements, legal considerations, and best practices that have evolved through years of regulatory enforcement.

For businesses ready to implement these changes, we've created a comprehensive implementation guide that provides step-by-step instructions, checklists, and templates for achieving full cookie compliance in 2025.

Download our complete Cookie Compliance Implementation Guide 2025 - a detailed checklist that walks you through every step of the process, from cookie auditing to ongoing compliance monitoring. This practical guide includes templates, tools recommendations, and industry-specific considerations to help you implement compliant cookie management efficiently.

Industry-specific considerations

Different sectors face unique challenges with cookie compliance:

eCommerce

Online stores typically use cookies for cart functionality, personalized recommendations, and retargeting. In 2025, successful e-commerce sites have adapted by:

• Creating clear value propositions for accepting cookies (e.g., "Accept cookies for a personalized shopping experience")
• Implementing essential shopping functions without requiring tracking consent
• Developing first-party data strategies based on purchase history rather than third-party tracking

B2B websites

For B2B companies, lead tracking and attribution remain important but require adaptation:

• Using contextual rather than behavioral targeting
• Focusing on content engagement metrics rather than individual user profiling
• Leveraging declared information from forms rather than inferred data from tracking

Public sector

Government and public sector websites face the strictest requirements:

• Minimizing or eliminating marketing cookies entirely
• Using privacy-preserving analytics that don't track individual users
• Ensuring all tracking technologies comply with accessibility requirements

Looking ahead: The future of user tracking

As we move through 2025 and beyond, several trends are shaping the future of user tracking:

1. AI-Powered Contextual Advertising: Rather than tracking users across the web, advanced AI systems can determine advert relevance based on page content and context.
2. Federated Learning: This emerging technology allows machine learning models to be trained across multiple devices while keeping data on users' devices, potentially providing personalization without centralized data collection.
3. User-Controlled Identifiers: Various initiatives aim to give users control over persistent identifiers, allowing them to share consistent information with trusted sites while preventing unwanted tracking.
4. Standardized Consent Signals: Efforts to standardize consent mechanisms across the web could reduce banner fatigue while improving actual privacy protection.

So, what's the 411?

Seven years after GDPR implementation, cookie compliance has matured from a tick-box exercise to an integral part of digital strategy. Organisations that approach privacy as a competitive advantage rather than a regulatory burden are finding they can build stronger customer relationships whilst reducing compliance risk.

By implementing the best practices outlined above, your organisation can navigate the complex landscape of tracking cookies in 2025, respecting user privacy whilst still gathering the insights needed for digital success.

Need help?

Looking to ensure your website meets current privacy standards? Not sure where to start? At Valve we have experts who can audit your current cookie consent situation and get everything setup just as it should be.