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EU-wideChecked 6 August 2026

Cookie consent that would survive an audit

Almost every restaurant website is non-compliant in the same three ways, and all three are fixable in an afternoon.

In short

You need consent before setting any non-essential cookie, refusing must be as easy as accepting, and the site must work if the visitor refuses. Analytics and advertising pixels are never essential. If your site loads Google Analytics or a Meta pixel before anyone clicks anything, it is not compliant, and a banner that only offers "Accept" makes it worse rather than better.

Which rule actually applies

Cookies are governed by Article 5(3) of the ePrivacy Directive, not directly by the GDPR. It requires consent before storing or accessing information on a user’s device, with an exception only for what is strictly necessary to provide a service the user explicitly requested.

The GDPR then supplies the standard for what consent means: freely given, specific, informed and unambiguous, by a clear affirmative action (Article 4(11) and Article 7). Pre-ticked boxes and continued scrolling are not consent, which the Court of Justice settled in Planet49 (C-673/17).

The three failures

First, loading before consent. Many sites show a banner while the tags have already fired. The banner is then decoration and the breach has already happened.

Second, no equal refusal. If "Accept all" is a button and refusing needs two clicks through a settings panel, consent is not freely given. Regulators across several member states have been explicit about this.

Third, no way to change your mind. Withdrawal must be as easy as giving consent (Article 7(3)), which in practice means a permanently reachable link or button, not a one-time banner.

What counts as strictly necessary

A session cookie holding a booking in progress, a cookie remembering the consent choice itself, load balancing, and security. These need no consent.

Analytics does not qualify, however much you want it to. Nor do advertising pixels, embedded maps that set cookies, or a video embed that tracks. If a third party sets it and your service works without it, it needs consent first.

Where Served fits

Public venue pages built on Served ask for consent before any non-essential tag loads, offer refusal at the same level as acceptance, and keep a cookie-settings control in the footer of every page.

Sources

Sources last read 6 August 2026.

This is not legal, tax or accounting advice. Served is a software company, and this page describes rules we have read in the sources listed above on the date shown. Rules change, they apply differently depending on your venue’s circumstances, and only a qualified adviser in your country can tell you what yours mean for you. Check anything here before you act on it.