Functional Cookies: What Are They & Can They Track You?

Functional Cookies: What Are They & Can They Track You?
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Functional cookies help websites create a personalized user experience while balancing it in compliance with privacy regulations, like the GDPR or CCPA. They enable a seamless and convenient shopping journey by remembering login details, preferences, or content choices – without being intrusive and compromising privacy.

This guide will give you an in-depth introduction to what functional cookies are and how to use them in a way that ensures compliance with privacy regulations.

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What are functional cookies?

Functionality cookies, or functional cookies, are types of cookies that help improve the website performance and remember user preferences and settings to improve the user experience. They preserve such data as login details for authorization, language, and other user preferences for personalized interactions during each session.

Functionality cookies are usually first-party cookies, meaning they don’t track your activities across sites. Here’s how they work:

  1. You select a preference on a website. For example, you switch to dark mode or select a different language.
  2. The website stores this data on a functional cookie.
  3. The cookie is saved on your browser.
  4. The next time you visit, the website accesses the cookie and automatically applies the preference.

What functionality cookies are used for?

Functionality cookies can help make the website and its functionalities more convenient for website visitors. Here are some of the main functionality cookie use cases:

  • Authenticate users. Authentication cookies remember the user’s login credentials to keep them logged in to the site during the whole session.
  • Remember shopping cart items. Functionality cookies ensure the items you added to your shopping cart stay in it while you browse.
  • Save language choices. When you visit a site and choose the language settings, the cookie saves this preference to load the website in your preferred language on your next visit.
  • Enable features. Such cookies help support extra convenient features, such as live chat functionality or video playback.
  • Remember UI preferences. Functionality cookies remember user interface (UI) related preferences, such as layout choices, theme settings (light vs dark mode), or font size.
  • Preserve form data. They remember the information you put into forms, helping fill them out faster without having to retype the same information multiple times.

Do functional cookies track information?

No, functional cookies don’t track user information across websites. They store information about user preferences or settings on the website that added the cookie. However, unlike advertising, analytics, or other third-party cookies, they don’t collect data or profile users for marketing or advertising purposes.

Are functionality cookies the same as other cookies?

Functionality cookies are different from other types of cookies, like advertising or performance types. Here’s a comparison table of the similarities and differences between functional cookies and other types:

Functional cookies

Performance cookies

Advertising cookies

Purpose

Remember user preferences and settings on a website to improve the user experience

Collect anonymous data about user interactions with a website to improve performance

Performing cross-site tracking and profiling users for targeted advertising purposes

Consent requirements

Required

Required

Required

Data collection practices

Stores data, like user settings, only on the site that added the cookie

Tracks user interactions and website performance (like responsiveness)

Tracks users across multiple websites

Example

Remembers and automatically servers the theme settings or language preferences the user has chosen 

Gathers data about most visited pages, which site owners can analyze through Google Analytics

The cookie tracks what products the user views and displays targeted ads for it on other sites

Functionality cookies are not essential for the website to function, so users must be informed about their usage under most privacy regulations. Here’s how to ensure compliance with most regulations in terms of functional cookies:

  • Inform users. You must inform users about the use of functional cookies as soon as they open your site. For example, the right to be informed under the GDPR (General Data Protection Regulation) requires being transparent with users about data handling practices.
  • Obtain user consent. Most privacy regulations, except for the California Consumer Privacy Act (CCPA), require website owners to obtain user consent for functional cookies before deploying them.
  • Allow managing cookie preferences. You must allow users to choose not to enable specifically functionality cookies if they don’t want to. You can see an example of how user preferences look on the TinyIMG cookie banner below.

Functionality cookies on a banner

  • Include a consent withdrawal method. Most privacy regulations, including the GDPR and CCPA, require providing a consent withdrawal method for functional cookies even if the user has already consented. Under the GDPR, this can be a “Reject cookies” button, while the CCPA (FAQ H.1) also requires including a “Do not sell or share my personal information” link.
  • Write a cookie policy. You must include a cookie policy as a separate document or part of a privacy policy. You can use the free Shopify privacy generator for your business, which includes a section for cookies, but review that all information matches your site.

How to manage functional cookies?

To manage functional cookies effectively, you must be transparent with your website visitors and ensure compliance with relevant privacy regulations. 

  • Add a cookie banner. The most common way to inform users about the use of functional cookies on your website and manage consent is to place a cookie banner.
  • Store consent securely. You must store and record user consent to have proof of legal compliance. This can be done using a Consent Management Platform (CMP).
  • Ensure regular compliance. Privacy regulations update and change, so you must ensure you comply with the law at all times. The best way to do that is to get a reliable CMP that continuously updates its platform based on regulation changes.
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Frequently asked questions

Yes, most cookie laws, including GDPR, CNIL, and PIPEDA, require obtaining cookie consent for functional cookies. The user consent should be explicit, informed, and involve an affirmative action, such as an “Accept cookies” button.

An example of a functional cookie could be a cookie that remembers website theme settings that you’ve chosen, like a dark or light theme. It could also be a cookie that stores your login credentials for the duration of a session (or longer) so you wouldn’t have to re-login every time you switch to a different page.

No, functionality cookies are not strictly necessary because they’re not essential for the functioning of a website. Their main purpose is to improve the user experience or remember user preferences. That’s why under most privacy regulations, like the GDPR and ePrivacy Directive, you must inform users about the use of these cookies and obtain consent.

About the author
Kristina Jaruseviciute
Kristina is a Senior Writer at TinyCookie, where she specializes in providing educational content for readers interested in web cookies and compliance. She covers an extensive scope of subjects, from cookie types, definitions, and tutorials to compliance tips for website owners.