What is a Cookie Consent Banner?
Why is the Cookie Banner Important?
Cookie banners provide transparency and control to users concerning the collection and processing of their personal data. By obtaining user consent, websites take a step closer to compliance with data protection regulations like the European Union’s General Data Protection Regulation (GDPR). Cookie banners also help build trust between websites and their users by offering data collection transparency and respecting user privacy preferences.
Cookie Consent Banner Examples
There are various examples demonstrating clear and user-friendly ways to implement cookie banners. Some websites may use a simple banner providing the option to accept or reject cookies. Others may implement more detailed banners to explain the different types of cookies used and the purpose of each one. Additionally, some banners give users the option to customize their cookie preferences.
How to Implement a Cookie Banner
Implementing a cookie banner can be done in a few simple steps:
- Identify the types of cookies used on your website
- Determine the purpose and necessity of each cookie for website functionality
- Design a clear, easy-to-understand cookie banner
- Place the cookie banner in a prominent location on the website
- Keep the cookie banner up to date with any changes to the types of cookies used or their purposes
Types of Cookie Banners
There are two types of cookie consent banners: Implicit consent and explicit consent. The GDPR requires explicit consent, while the CCPA allows for implicit consent.
Implicit Cookie Consent
Explicit Cookie Consent
Cookie Banners and Data Privacy Laws
GDPR Cookie Banners
Under the GDPR, websites must obtain user consent before using cookies that are not strictly necessary for website functionality. The GDPR requires that consent be freely given, specific, informed, and unambiguous.
CCPA Cookie Banners
While the CCPA does not require explicit cookie consent, it does apply to “personal information,” which is any information that relates to or is reasonably capable of being linked to a particular person. This includes online identifiers like cookies. Further, California businesses must provide opt-out links that say “Do Not Sell or Share My Personal Information” and “Limit the Use of My Sensitive Personal Information” as applicable. Alternatively, they may consolidate these to say “Your Privacy Choices” or “Your California Privacy Choices.” (§ 7015(b)).
For businesses required to comply with cookie regulations, it’s vital to understand consent banners and implicit vs. explicit consent. Check out our 5 Things to Know: CPRA, Cookies, and Consent guide to learn more about how the CCPA’s California Privacy Rights Act (CPRA) amendment impacts cookie consent laws.