Performance and Functionality Cookies

Definition

Performance and functionality cookies are types of cookies that enhance how a website operates and improve user experience. Performance cookies collect data about how visitors use a site—which pages they visit, how long they stay, error messages received, and loading speeds. This information helps website owners understand usage patterns and optimize performance. Functionality cookies remember user preferences and choices, such as language selection, region, text size, or customized layouts, enabling a more personalized experience without requiring re-entry of preferences on each visit. While these cookies improve usability, they still involve data processing and often require consent under privacy laws. The ePrivacy Directive and GDPR generally require consent for these cookies unless they're strictly necessary for the service requested by the user. Some functionality cookies that are essential to basic website operation might qualify as strictly necessary, but this is narrowly interpreted. Performance cookies that track detailed behavior typically require consent. The key distinction is whether the cookie is essential for the service to function as requested, or merely enhances it. Organizations should categorize their cookies accurately, implement consent management for non-essential performance and functionality cookies, and clearly explain what these cookies do in their cookie policies.

Applicable Laws & Regulations

  1. 1ePrivacy Directive Article 5(3)
  2. 2GDPR Article 6
  3. 3PECR Regulation 6
  4. 4CCPA § 1798.135(a)(1)

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