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If you own a website, you must disclose information about what data you collect from online visitors. That includes whether your site uses cookies and what you do with the data those cookies collect. A website cookie policy discloses all this information to your visitors.
You’ve likely had to accept or deny cookies while browsing online. Online privacy laws exist to give website visitors the choice of what information site owners can collect.
If you have no idea how to write a cookie policy, you’ll be relieved to know there are plenty of helpful resources and compliance solutions like Termly. Keep reading to learn more about the elements of a cookie policy and why you may need one on your website.
Yes, if your website uses cookies, you need a cookie policy.
Although there isn’t a cookie law in place across the entire U.S., California regulates cookie usage through the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). There’s also the General Data Protection Regulation (GDPR) and ePrivacy Regulation that protect citizens of the European Union.
These laws require websites that serve citizens of these locations to disclose what data they collect and how they use that data. If your site uses cookies, then it collects data. Per the laws, your website must also get consent from visitors who are residents of the EU or California before setting cookies on their devices.
Analytics cookies may also gather data about your visitors, including demographics, time on site, and what pages they visited. Third-party cookies pose the biggest privacy issue because many also track visitors even after they leave your site.
To be compliant with these privacy laws, your visitors must freely give their consent — it can’t be ambiguous in any way. Also, the visitor must be able to withdraw consent at any time. As the website owner, you should be able to show proof of user consent.
The CCPA also gives consumers more control over the data companies collect about them. The law secures more privacy rights for California state residents, such as allowing them to opt out of having their personal data sold to third-party companies and the ability to request that any data that’s already been collected get deleted.
You need a cookie policy in place in order to comply with EU and California privacy laws. Even if you’re not based in the EU or California, you may get website traffic from EU or California residents, which means you need a GDPR- or CCPA-compliant cookie policy in place.
Because cookies can become a privacy concern, the GDPR and CCPA established requirements and safeguards to ensure visitor privacy. This includes giving site visitors more power over how their data and browsing history is collected and used.
If you have a website that uses cookies, you need a disclaimer to let your visitors know. You also should obtain consent from visitors before any cookies are placed on their devices.
Technically, a cookie policy isn’t a legal requirement if your website visitors aren’t residents of the EU or California, and you can tailor your site to only show cookie policy information to visitors from those locations. However, having the policy visible to all promotes transparency to your visitors.
If you don’t have a cookie policy pop-up, you may violate the GDPR or CCPA cookie consent provision.
Issues with CCPA and GDPR compliance could result in costly fines — some of these can be as much as $100,000 per violation. Depending on the number of visitors your website has, that could add up to millions of dollars. That’s why it’s crucial you know how to avoid GDPR fines.
A cookie policy informs website visitors that your site uses cookies to collect data. It’s a legal document that solely discusses cookies and outlines if you share that data with third parties.
Along with your website cookie policy, you’ll need to display the GDPR-compliant cookie banner or pop-up as soon as a visitor lands on your site. The cookie banner asks the visitor to give consent for information to be collected.
We mentioned before that a cookie policy tells your website visitors that your site uses cookies. This policy must explain what types of cookies are used, for what purpose, and also what other companies may install cookies on your site — such as advertisers. But how is that different from a privacy policy?
Your privacy policy should disclose how your website collects, shares, and stores your visitors’ data.
Your privacy policy must explicitly detail the kind of personal information collected and why it’s collected. It must also let visitors know how they can control their data. This disclosure is mandated by data privacy laws worldwide.
Your cookie policy information should be easy for the users to access. It should also be transparent.
You can add your cookie policy to your existing privacy policy page or create a separate page to document it for visitors. Either way, there are specific elements you need in order to be compliant:
In addition to guides on how to write cookie content, you can also opt for compliance solutions to help you create this content, like Termly. Termly will scan your site to categorize and list the cookies it finds. Then you'll choose your method of dispute resolution and customize it as needed to generate your cookie policy.
Termly will also automatically block third-party cookies and scripts on your site prior to user consent. It reviews and updates the generators regularly to keep your site in compliance.
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For more guidance on how to create a cookie policy, these resources may help:
Although they aren’t required in some parts of the U.S., having a cookie policy ensures you comply with California privacy laws and the EU cookie law. If you don’t have a cookie policy, you could get fined for violating these laws.
You don’t need a cookie consent if you don’t use cookies, but it’s still a good idea to have one. Even if you don’t use them, you may have services or plugins from other companies on your website that use third-party cookies. Having a cookie consent is a layer of protection for you.
A cookie policy and a privacy policy are similar but not the same. A cookie policy outlines the use of cookies on your website and how they get used. A privacy policy outlines the purposes for gathering visitors’ data and methods of data processing.
A cookie policy lets visitors know your website uses cookies and the reasons why. You also may need a cookie policy if your website uses a service that uses cookies, such as a social media comment form or a Facebook Like button. Some websites use cookies to help ensure a better user experience.
If you’re still unsure whether your site needs a cookie policy, it’s best to seek legal advice in order to avoid potential compliance consequences.
With privacy being a big issue in today’s world, many consumers want to know how their data is used. Some states and countries also have privacy laws to give more protection to their residents. For these reasons, it’s good practice to have a cookie policy on your website.
Learning how to write a cookie policy is easier than you may think and may save you from costly fines in the future, especially if you use services like Termly. It also promotes compliance and shows transparency for your visitors.
If you're looking for other privacy solutions for your business you could review our list of the best virtual private networks for small businesses.
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